Department of Homeland Security Appropriations: FY2022

Changes from January 7, 2022 to March 24, 2022

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Department of Homeland Security
~~January 7~~March 24, 2022 , 2022
Appropriations: FY2022
William L. Painter
On May 28, 2021, the Joseph R. Biden Administration released its annual budget request for On May 28, 2021, the Joseph R. Biden Administration released its annual budget request for
Specialist in Homeland Specialist in Homeland
FY2022, including a $90.80 billion budget request for the Department of Homeland Security FY2022, including a $90.80 billion budget request for the Department of Homeland Security
Security and Security and
(DHS). The request included $53.99 billion in adjusted net discretionary appropriations and (DHS). The request included $53.99 billion in adjusted net discretionary appropriations and
Appropriations Appropriations
$18.80 billion in disaster relief-designated funds. This was $1.11 billion more than was enacted $18.80 billion in disaster relief-designated funds. This was $1.11 billion more than was enacted

for DHS in FY2021, although those FY2021 annual appropriations also included $840 million in for DHS in FY2021, although those FY2021 annual appropriations also included $840 million in
emergency funding to cover U.S. Customs and Border Protection (CBP) fee shortfalls not emergency funding to cover U.S. Customs and Border Protection (CBP) fee shortfalls not

included in the total. included in the total.
On June 30, 2021, the House Committee on Appropriations marked up H.R. 4431, its version of the Department of Homeland On June 30, 2021, the House Committee on Appropriations marked up H.R. 4431, its version of the Department of Homeland
Security Appropriations Act, 2022. H.Rept. 117-87 was filed on July 15, 2022. Committee-reported H.R. 4431 included Security Appropriations Act, 2022. H.Rept. 117-87 was filed on July 15, 2022. Committee-reported H.R. 4431 included
$52.80 billion in adjusted net discretionary budget authority. This was $183 million below the level requested by the $52.80 billion in adjusted net discretionary budget authority. This was $183 million below the level requested by the
Administration and $928 million above the FY2021 enacted level. Administration and $928 million above the FY2021 enacted level.
H.R. 4431 was not brought to the House floor before the end of FY2021—one of two annual appropriations measures for H.R. 4431 was not brought to the House floor before the end of FY2021—one of two annual appropriations measures for
FY2022 to be reported by the FY2022 to be reported by the ~~committee~~House Appropriations Committee that did not get floor consideration. As no annual appropriations for FY2022 had that did not get floor consideration. As no annual appropriations for FY2022 had
been signed into law before the end of FY2021, a continuing resolution was enacted (P.L. 117-43), temporarily extending been signed into law before the end of FY2021, a continuing resolution was enacted (P.L. 117-43), temporarily extending
funding for the federal government at the FY2021 rate for operations through December 3, 2021, including most DHS funding for the federal government at the FY2021 rate for operations through December 3, 2021, including most DHS
~~components and programs. Division B included $50 million in supplemental appropriations for the Federal Emergency~~
~~Management Agency (FEMA), and Division C included $193 million in supplemental appropriations for the U.S. Citizenship~~
~~and Immigration Services (USCIS).~~
components and programs. This continuing resolution would ultimately be extended three times to fund continued government operations through March 15, 2022. On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy released drafts of nine On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy released drafts of nine
appropriations measures that had yet to be marked up by the committee, along with draft explanatory statements for each. appropriations measures that had yet to be marked up by the committee, along with draft explanatory statements for each.
Vice Chairman Senator Richard Shelby criticized the move as partisan and unilateral, and indicated he would not support the Vice Chairman Senator Richard Shelby criticized the move as partisan and unilateral, and indicated he would not support the
bills, and that an agreement on overall spending levels was needed to produce bills he would support. A week later, a bill bills, and that an agreement on overall spending levels was needed to produce bills he would support. A week later, a bill
identical to the draft was introduced by Senate Appropriations Committee Subcommittee on the Department of Homeland identical to the draft was introduced by Senate Appropriations Committee Subcommittee on the Department of Homeland
Security Chairman Senator Christopher Murphy. The Senate Appropriations Security Chairman Senator Christopher Murphy. The Senate Appropriations Committee majority draft bill for DHS for FY2022 included majority draft bill for DHS for FY2022 included
$52.92 billion in adjusted net discretionary budget authority. This was $70 million below the level requested by the $52.92 billion in adjusted net discretionary budget authority. This was $70 million below the level requested by the
Administration, and $1.04 billion above the enacted annual level for FY2021. Administration, and $1.04 billion above the enacted annual level for FY2021.
Supplemental appropriations were provided Supplemental appropriations were provided ~~twice~~three times for DHS before its annual appropriations were resolved. Divisions B and C for DHS before its annual appropriations were resolved. Divisions B and C
of P.L. 117-43 included $50 million for the Federal Emergency Management Agency and $193 million for U.S. Citizenship of P.L. 117-43 included $50 million for the Federal Emergency Management Agency and $193 million for U.S. Citizenship
and Immigration Services, respectivelyand Immigration Services, respectively. Division B of P.L. 117-70 provided $147.5 million for the DHS Office of the Secretary and Executive Management for DHS component expenses related to Operation Allies Welcome. In addition, Division J of P.L. 117-58, which was enacted on November 15, 2021, . In addition, Division J of P.L. 117-58, which was enacted on November 15, 2021,
included a range of supplemental appropriations, including a total of $7.96 billion for DHS, $3.08 billion of which would be included a range of supplemental appropriations, including a total of $7.96 billion for DHS, $3.08 billion of which would be
~~available in FY2022.~~
available in FY2022. On March 9, 2022, the House took up a consolidated appropriations measure as an amendment to H.R. 2471 (an unrelated bill). After dividing the question, presenting the measure for approval in two multi-division segments, the House passed the portion with Division F, the Department of Homeland Security Appropriations Act, 2022 by a vote of 361-69. The Senate agreed to the House amendment the next day by a vote of 68-31, and President Biden signed the measure into law on March 15, 2022, as P.L. 117-103. According to the Congressional Budget Office, Division F included $57.50 billion in adjusted net discretionary budget authority. This was $5.03 billion above the level requested by the Administration, and $5.62 billion above the enacted level for FY2021. This report provides an overview and analysis of FY2022 appropriations for the DHS. The primary focus of the report is on This report provides an overview and analysis of FY2022 appropriations for the DHS. The primary focus of the report is on
the funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget the funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget
terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also
directs the reader to other reports providing context for specific component appropriations. directs the reader to other reports providing context for specific component appropriations.
Congressional Research Service Congressional Research Service

~~link to page 45~~ ~~Department of Homeland Security Appropriations: FY2022~~

41 Contacts
Author Information ........................................................................................................................ 41

43 Congressional Research Service Department of Homeland Security Appropriations: FY2022 Congressional Research Service Congressional Research Service

link to page link to page 3840 Department of Homeland Security Appropriations: FY2022

Introduction
This report describes and analyzes the FY2022 annual appropriations for the Department of This report describes and analyzes the FY2022 annual appropriations for the Department of
Homeland Security (DHS). It compares the enacted FY2021 appropriations for DHS, the Joseph Homeland Security (DHS). It compares the enacted FY2021 appropriations for DHS, the Joseph
R. Biden Jr. Administration’s FY2022 budget request, and the appropriations measures developed R. Biden Jr. Administration’s FY2022 budget request, and the appropriations measures developed
by Congress in response. by Congress in response. It also includes information on supplemental appropriations for both FY2021 and FY2022. The report identifies additional informational resources, reports, and The report identifies additional informational resources, reports, and
products on DHS appropriations that provide context for the discussion. A list of Congressional products on DHS appropriations that provide context for the discussion. A list of Congressional
Research Service (CRS) policy experts with whom congressional clients may consult on specific Research Service (CRS) policy experts with whom congressional clients may consult on specific
topics may be found in CRS Report R42638, topics may be found in CRS Report R42638, Appropriations: CRS Experts. .
This is one of a suite of CRS reports on homeland security appropriations that track legislative This is one of a suite of CRS reports on homeland security appropriations that track legislative
action and congressional issues related to DHS appropriations, with particular attention paid to action and congressional issues related to DHS appropriations, with particular attention paid to
discretionary funding amounts. These reports do not provide in-depth analysis of specific issues discretionary funding amounts. These reports do not provide in-depth analysis of specific issues
related to mandatory funding—such as retirement pay—nor do they systematically follow other related to mandatory funding—such as retirement pay—nor do they systematically follow other
legislation related to the authorizing or amending of DHS programs, activities, or fee revenues. legislation related to the authorizing or amending of DHS programs, activities, or fee revenues.
Discussion of appropriations legislation involves multiple specialized budgetary concepts. Discussion of appropriations legislation involves multiple specialized budgetary concepts.
Appendix A to this report explains several of these concepts, including budget authority, to this report explains several of these concepts, including budget authority,
obligations, outlays, discretionary and mandatory spending, offsetting collections, allocations, obligations, outlays, discretionary and mandatory spending, offsetting collections, allocations,
and adjustments to the discretionary allocations. A more complete discussion of those terms and and adjustments to the discretionary allocations. A more complete discussion of those terms and
the appropriations process in general can be found in CRS Report R42388, the appropriations process in general can be found in CRS Report R42388, The Congressional
Appropriations Process: An Introduction, coordinated by James V. Saturno, and the Government , coordinated by James V. Saturno, and the Government
Accountability Office’s (GAO’s) Accountability Office’s (GAO’s) A Glossary of Terms Used in the Federal Budget Process.1 .1
Table 1. Appropriations Legislation Referenced in this Report
~~Bill Number~~
~~Fiscal Year / Type~~ Fiscal Year / Bill Number Votes on Type (Report Number)
Latest Action
~~Votes on~~ Passage
Notes
FY2021

Annual Annual
H.R. 133, Div. F H.R. 133, Div. F
Enacted as P.L. Enacted as P.L. ~~116-~~
House Rol Call House Rol Call
Part of a year- Part of a year-
ending (House Committee (House Committee
116-260, ~~260, 12/27/2020~~
250, 327-85; 250, 327-85; ~~Senate~~
~~ending~~ consolidated consolidated
Print 43-749) Print 43-749)
~~Rol Call Vote 289,~~
~~appropriations~~
~~92-6.~~
~~measure.~~12/27/2020 Senate Rol Cal appropriations measure. Vote 289, 92-6
Supplemental Supplemental
H.R. 133, Div. M H.R. 133, Div. M
Enacted as P.L. Enacted as P.L. ~~116-~~
House Rol Call House Rol Call
Part of a year- Part of a year-
~~260, 12/27/2020~~
~~250, 327-85; Senate~~
~~ending consolidated~~
~~Rol Call Vote 289,~~
~~appropriations~~
~~92-6.~~
~~measure.~~ending 116-260, 250, 327-85; consolidated 12/27/2020 Senate Rol Cal appropriations measure. Vote 289, 92-6
Supplemental Supplemental
H.R. 1319 H.R. 1319
Enacted as P.L. Enacted as P.L. ~~117-~~
Senate Rol Cal Senate Rol Cal
Drafted as Drafted as
mandatory 117-2, 3/11/2021 2, 3/11/2021
Vote 110, 50-49; Vote 110, 50-49;
~~mandatory spending~~spending rather than
House Rol Call House Rol Call ~~72,~~
~~rather than~~
~~220-211.~~
~~discretionary~~
discretionary 72, 220-211 appropriations. appropriations.
FY2022

Annual (House) Annual (House)
H.R. 4431 (H.Rept. H.R. 4431 (H.Rept.
Report filed Report filed
n/a (reported out n/a (reported out of
No floor action. 117-87) 117-87)
of ful committee 33-ful committee 33-
24) 24)

1 U.S. Government Accountability Office, 1 U.S. Government Accountability Office, A Glossary of Terms Used in the Federal Budget Process, GAO-05-734SP, , GAO-05-734SP,
September 1, 2005, http://www.gao.gov/products/GAO-05-734SP. September 1, 2005, http://www.gao.gov/products/GAO-05-734SP.
Congressional Research Service Congressional Research Service

1 1

link to page 6 link to page 6 Department of Homeland Security Appropriations: FY2022

~~Bill Number~~
~~Fiscal Year / Type~~ Fiscal Year / Bill Number Votes on Type (Report Number)
Latest Action
~~Votes on~~ Passage
Notes
Annual (Senate) Annual (Senate)
Committee majority Committee majority ~~Draft bil introduced n/a~~

Bil introduced by n/a No subcommittee action. draft / S. 3058 draft / S. 3058
~~by subcommittee~~
~~chai~~rasubcommittee chai ra Annual H.R. 2471, Div. F Enacted as P.L. House Rol Call Part of a year-ending (Explanatory 117-103, 65, 361-69; Senate consolidated Statement, 3/9/2022 3/15/2022 Rol Call Vote 78, appropriations measure. Congressional 68-31 Record (Part III))
Supplemental Supplemental
H.R. 5305, Div. B H.R. 5305, Div. B
Enacted as P.L. Enacted as P.L. ~~117-~~
House Rol Call House Rol Call
Consolidated Consolidated
and Div. C and Div. C
117-43, 9/30/2021 43, 9/30/2021
311, 254-175; 311, 254-175;
appropriations appropriations
measure Senate Rol Cal Senate Rol Cal
~~measure with an~~
with an interim CR. Vote 397, 65-35 Vote 397, 65-35.
~~interim CR~~ Supplemental H.R. 3684, Div. J Enacted as P.L. Senate Rol Cal Supplemental 117-58, Vote 314, 69-30; appropriations measure 11/15/2021 House Rol Call attached to infrastructure Vote 369, 228-206 bil . .
Supplemental Supplemental
H.R. 6119, Div. B H.R. 6119, Div. B
Enacted as P.L. Enacted as P.L. ~~117-~~
House Rol Call House Rol Call
Consolidated Consolidated
117-70, 12/3/2021 70, 12/3/2021
Vote 399, 221- Vote 399, 221-~~212;~~
~~appropriations~~
~~Senate Rol Cal~~
~~measure with an~~
~~Vote, 69-28.~~
~~interim CR.~~ appropriations measure 212; Senate Rol with an interim CR. Call Vote, 69-28
Continuing Continuing
H.R. 5305, Div. A H.R. 5305, Div. A
Enacted as P.L. Enacted as P.L. ~~117-~~
House Rol Call House Rol Call
CR at the FY2021 CR at the FY2021
rate for Resolution Resolution
117-43, 9/30/2021 43, 9/30/2021
311, 254-175; 311, 254-175;
~~rate for~~ operations,operations, expiring
Senate Rol Cal Senate Rol Cal
~~expiring~~ 12/3/2021. 12/3/2021.
Vote 397, 65-35 Vote 397, 65-35.
Continuing Continuing
H.R. 6119, Div. A H.R. 6119, Div. A
Enacted as P.L. Enacted as P.L. ~~117-~~
House Rol Call House Rol Call
Extends previous Extends previous CR
Resolution Resolution
117-70, 12/3/2021 Vote 399, 221- through 2/18/2022. 212; Senate Rol Call Vote, 69-28 Continuing H.R. 6617 Enacted as P.L. House Rol Call Extends previous CR Resolution 117-86, 2/18/2022 Vote 39, 272-162; through 3/11/2022. Senate Rol Cal Vote 64, 65-27 Continuing H.J.Res. 75 Enacted as P.L. House (vv); Senate Extends previous CR Resolution 117-95, 3/11/2022 (vv) through 3/15/2022. Source: CRS Appropriations Status Table. Notes: CR = continuing resolution; (vv) = voice vote. a. ~~70, 12/3/2021~~
~~Vote 399, 221-212;~~
~~CR through~~
~~Senate Rol Cal~~
~~2/18/2022.~~
~~Vote, 69-28.~~
Source: CRS Appropriations Status Table.
Notes: CR = continuing resolution.
~~a. This is atypical—Senate appropriations measures are traditionally marked up as substitute amendments to~~
~~the House-passed measure.~~ For FY2022, in the absence of a House-passed measure and with markups For FY2022, in the absence of a House-passed measure and with markups
unscheduled, the Senate unscheduled, the Senate Appropriations Committee chairman released a draft DHS appropriations measure, Appropriations Committee chairman released a draft DHS appropriations measure,
and the subcommittee chairman introduced a measure identical to the draft a week later.and the subcommittee chairman introduced a measure identical to the draft a week later. This was atypical—Senate appropriations measures are traditionally marked up as substitute amendments to the House-passed measure.
Legislative Action on FY2022 DHS Appropriations
This section provides an overview of the legislative process This section provides an overview of the legislative process ~~thus far~~ for appropriations for DHS for appropriations for DHS
for FY2022—from the Administration’s initial request, through enactment of continuing and for FY2022—from the Administration’s initial request, through enactment of continuing and
supplemental appropriationssupplemental appropriations ~~in P.L. 117-43, as well as additional supplemental appropriations in~~
~~P.L. 117-58, Division J.~~
, and ultimately the enactment of the Consolidated Appropriations Act 2022, which includes the Department of Homeland Security Appropriations Act, 2022 as Division F. Congressional Research Service 2 Department of Homeland Security Appropriations: FY2022 Annual Appropriations
Biden Administration FY2022 Request
On May 28, 2021, the Biden Administration released its annual budget request for FY2022, On May 28, 2021, the Biden Administration released its annual budget request for FY2022,
including a $90.80 billion budget request for DHS.2 By the Congressional Budget Office’s including a $90.80 billion budget request for DHS.2 By the Congressional Budget Office’s
(CBO’s) initial estimation, the request included $53.99 billion in adjusted net discretionary (CBO’s) initial estimation, the request included $53.99 billion in adjusted net discretionary
appropriations and $18.80 billion in disaster relief-designated funds.3 This was $1.11 billion more appropriations and $18.80 billion in disaster relief-designated funds.3 This was $1.11 billion more

~~2 On April 9, 2021, the Biden Administration had released a “discretionary funding request” for the federal~~
~~government, an initial discussion of some of its priorities for the FY2022 budget year. The document did not include~~
~~complete details or information on revenues or mandatory spending that are included in the administration’s full~~
~~request.~~
~~3 This total evolved over the course of the process, owing in part to the changes in unobligated balances available for~~
~~rescission. Analyses in the report refer to the Congressional Budget Office’s (CBO’s) estimates as outlined in the detail~~
~~table at the end of H.Rept. 117-87.~~
~~Congressional Research Service~~

2

~~Department of Homeland Security Appropriations: FY2022~~

than was enacted for DHS in FY2021, although those FY2021 annual appropriations also had than was enacted for DHS in FY2021, although those FY2021 annual appropriations also had
included $840 million in emergency funding to cover U.S. Customs and Border Protection (CBP) included $840 million in emergency funding to cover U.S. Customs and Border Protection (CBP)
fee shortfalls not included in the total. fee shortfalls not included in the total.
FY2022 House Appropriations Committee Action
On June 30, 2021, the House Committee on Appropriations marked up H.R. 4431, its version of On June 30, 2021, the House Committee on Appropriations marked up H.R. 4431, its version of
the Department of Homeland Security Appropriations Act, 2022. H.Rept. 117-87 was filed on the Department of Homeland Security Appropriations Act, 2022. H.Rept. 117-87 was filed on
July 15, 2022. Committee-reported H.R. 4431 included $52.80 billion in adjusted net July 15, 2022. Committee-reported H.R. 4431 included $52.80 billion in adjusted net
discretionary budget authority. This was $183 million below the level requested by the discretionary budget authority. This was $183 million below the level requested by the
Administration and $928 million above the FY2021 enacted level.Administration and $928 million above the FY2021 enacted level.
FY2022 Continuing Appropriations
H.R. 4431 was not brought to the House floor before the end of FY2021—one of two annual H.R. 4431 was not brought to the House floor before the end of FY2021—one of two annual
appropriations measures for FY2022 to be reported by the committee that did not get floor appropriations measures for FY2022 to be reported by the committee that did not get floor
consideration. As no annual appropriations for FY2022 had been signed into law before the end consideration. As no annual appropriations for FY2022 had been signed into law before the end
of FY2021, a continuing resolution (CR) was enacted (P.L. 117-43), temporarily extending of FY2021, a continuing resolution (CR) was enacted (P.L. 117-43), temporarily extending
funding for the federal government at the FY2021 rate for operations through December 3, 2021, funding for the federal government at the FY2021 rate for operations through December 3, 2021,
including most DHS components and programs.4 Division B included $50 million in including most DHS components and programs.4 Division B included $50 million in
supplemental appropriations for the Federal Emergency Management Agency (FEMA), and supplemental appropriations for the Federal Emergency Management Agency (FEMA), and
Division C included $193 million in supplemental appropriations for the U.S. Citizenship and Division C included $193 million in supplemental appropriations for the U.S. Citizenship and
Immigration Services (USCIS).5 Immigration Services (USCIS).5
The CR was extended through February 18, 2022, by P.L. 117-70, which passed both chambers The CR was extended through February 18, 2022, by P.L. 117-70, which passed both chambers
on December 2, 2021, and was signed into law on December 3. Division B included various on December 2, 2021, and was signed into law on December 3. Division B included various
supplemental appropriations, including $147 million for DHS for costs associated with Operation supplemental appropriations, including $147 million for DHS for costs associated with Operation
Allies Welcome, the resettlement of Afghan evacuees. Allies Welcome, the resettlement of Afghan evacuees.
~~FY2022 Senate Appropriations Committee Action~~
~~On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy~~
~~released drafts of nine appropriations measures that had yet to be marked up by the committee,~~
~~along with draft explanatory statements for each.6 Vice Chairman7 Senator Richard Shelby~~
~~criticized the move as partisan and unilateral, and indicated he would not support the bills, and~~
~~that an agreement on overall spending levels was needed to produce bills that he would support.8~~
~~A week later, S. 3058, an identical bill, was introduced by Senate Appropriations Committee~~
~~Subcommittee on the Department of Homeland Security Chairman Senator Christopher Murphy.9~~

The CR would be extended twice more, through March 15, 2022, but without further associated supplemental appropriations. 2 On April 9, 2021, the Biden Administration had released a “discretionary funding request” for the federal government, an initial discussion of some of its priorities for the FY2022 budget year. The document did not include complete details or information on revenues or mandatory spending that are included in the administration’s full request. 3 This total evolved over the course of the process, owing in part to the changes in unobligated balances available for rescission. Analyses in the report refer to the Congressional Budget Office’s (CBO’s) estimates as outlined in the detail table at the end of H.Rept. 117-87. 4 For further information on the FY2021 continuing resolutions, see CRS Report R46953, 4 For further information on the FY2021 continuing resolutions, see CRS Report R46953, Overview of Continuing
Appropriations for FY2022 (P.L. 117-43). .
5 $344 million in additional emergency spending was charged to the Department of Homeland Security (DHS) 5 $344 million in additional emergency spending was charged to the Department of Homeland Security (DHS)
subcommittee by CBO as a result of policy changes directed by subcommittee by CBO as a result of policy changes directed by ~~Section~~ §2502, Division C of P.L. 117-42, but this was 2502, Division C of P.L. 117-42, but this was
for for immigration-related activities at other agencies. Congressional Research Service 3 Department of Homeland Security Appropriations: FY2022 FY2022 Senate Appropriations Committee Action On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy released drafts of nine appropriations measures that had yet to be marked up by the committee, along with draft explanatory statements for each.6 Vice Chairman7 Senator Richard Shelby criticized the move as partisan and unilateral, and indicated he would not support the bills, and that an agreement on overall spending levels was needed to produce bills that he would support.8 A week later, S. 3058, an identical bill, was introduced by Senate Appropriations Committee Subcommittee on the Department of Homeland Security Chairman Senator Christopher Murphy.9 The Senate Appropriations majority draft bill for DHS for FY2022 included $52.92 billion in adjusted net discretionary budget authority. This was $70 million below the level requested by the Administration, and $1.04 billion above the enacted annual level for FY2021. FY2022 Consolidated Appropriations On March 9, 2022, the House took up a consolidated appropriations measure as an amendment to H.R. 2471 (an unrelated bill). After dividing the question, presenting the measure for approval in two multi-division segments, the House passed the portion with Division F, the Department of Homeland Security Appropriations Act, 2022 by a vote of 361-69. The House proceeded to approve the remainder of the question, then sent the complete measure to the Senate. The Senate agreed to the House amendment the next day by a vote of 68-31. President Biden signed the measure into law on March 15, 2022, as P.L. 117-103. According to the Congressional Budget Office, Division F included $57.50~~immigration-related activities at other agencies.~~
~~6 The draft bills and explanatory statements can be found on the Senate Appropriations Committee website at~~
~~https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-~~
~~bills.~~
~~7 This is the title for the leader of the minority party on the Senate Appropriations Committee.~~
~~8 U.S. Senate Committee on Appropriations, “Shelby: Democrats’ Partisan Bills Threaten FY22 Appropriations~~
~~Process,” press release, October 18, 2021, https://www.appropriations.senate.gov/news/shelby-democrats-partisan-~~
~~bills-threaten-fy22-appropriations-process.~~
~~9 For ease of citation, this is the version of the bill text referred to in discussion of the legislative language of the bills.~~
~~Congressional Research Service~~

3

~~link to page 38~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~The Senate Appropriations majority draft bill for DHS for FY2022 included $52.92~~ billion in billion in
adjusted net discretionary budget authority. This was adjusted net discretionary budget authority. This was ~~$70 million below~~$5.03 billion above the level requested by the the level requested by the
Administration, and $Administration, and $~~1.04~~5.62 billion above the enacted billion above the enacted ~~annual~~ level for FY2021. While there were multiple other divisions in P.L. 117-103, including supplemental appropriations and extensions of certain DHS-related authorities in Division O, there were no additional appropriations provided for DHS in other divisions. ~~level for FY2021.~~
Other FY2022 DHS Supplemental Appropriations
~~On a separate track~~Aside from the supplemental appropriations noted above, on August 1, 2021, S.Amdt. 2137 was introduced in the Senate. This measure , on August 1, 2021, S.Amdt. 2137 was introduced in the Senate. This measure
was a substitute for H.R. 3684, a House-passed infrastructure measure. The amendment, which was a substitute for H.R. 3684, a House-passed infrastructure measure. The amendment, which
was adopted by a vote of 68-28 on August 8, had been developed as a compromise infrastructure was adopted by a vote of 68-28 on August 8, had been developed as a compromise infrastructure
package that could pass the Senate. The amended bill passed the Senate by a vote of 68-30 on package that could pass the Senate. The amended bill passed the Senate by a vote of 68-30 on
August 10, 2021, passed the House 228-206 on November 5, and was signed into law as P.L. 117-August 10, 2021, passed the House 228-206 on November 5, and was signed into law as P.L. 117-
58 on November 15. Division J of P.L. 117-58 included a number of supplemental appropriations, 58 on November 15. Division J of P.L. 117-58 included a number of supplemental appropriations,
including a total of $7.96 billion for DHS, $3.08 billion of which would be available in FY2022.including a total of $7.96 billion for DHS, $3.08 billion of which would be available in FY2022.
 The remaining advance appropriations will become available over the period of FY2023-FY2026.10 6 The draft bills and explanatory statements can be found on the Senate Appropriations Committee website at https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-bills. 7 The leader of the minority party on the Senate Appropriations Committee. 8 U.S. Senate Committee on Appropriations, “Shelby: Democrats’ Partisan Bills Threaten FY22 Appropriations Process,” press release, October 18, 2021, https://www.appropriations.senate.gov/news/shelby-democrats-partisan-bills-threaten-fy22-appropriations-process. 9 For ease of citation, this is the version of the bill text referred to in discussion of the legislative language of the bills. 10 For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations. Congressional Research Service 4 link to page 40 Department of Homeland Security Appropriations: FY2022 Additional supplemental funding for DHS is still pending before Congress. H.R. ~~Additional supplemental funding for DHS is still pending before Congress. H.R.~~
5376—a reconciliation package that passed the House 220-213 on November 19, 5376—a reconciliation package that passed the House 220-213 on November 19,
~~2021—includes~~
2021—included  $400 million for the Cybersecurity and Infrastructure Security Agency  $400 million for the Cybersecurity and Infrastructure Security Agency
(CISA) (CISA) for several cybersecurity programs (§50001); for several cybersecurity programs (§50001);
 $100 million for FEMA for cybersecurity grants (§50002);  $100 million for FEMA for cybersecurity grants (§50002);
 $100 million for FEMA for the Nonprofit Security Grant Program (§50003);  $100 million for FEMA for the Nonprofit Security Grant Program (§50003);
 $900 million for the DHS Management Directorate for environmental and  $900 million for the DHS Management Directorate for environmental and
sustainability programs (§50004); sustainability programs (§50004);
 $100 million for FEMA for the Assistance to Firefighters Grant Program and  $100 million for FEMA for the Assistance to Firefighters Grant Program and
its its administrative expenses (§90005); administrative expenses (§90005);
 $150 million for FEMA grants to support updating building codes (§110008);  $150 million for FEMA grants to support updating building codes (§110008);
 $650 million the Coast Guard for climate resilient facilities (§110011);  $650 million the Coast Guard for climate resilient facilities (§110011);
 $350 million for a new Great Lakes icebreaker (§110012); and  $350 million for a new Great Lakes icebreaker (§110012); and
 $20.5 billion in debt cancellation for the National Flood Insurance Program  $20.5 billion in debt cancellation for the National Flood Insurance Program
(NFIP) and $600 million for an NFIP affordability program. (§40104). (NFIP) and $600 million for an NFIP affordability program. (§40104).
It remains to be seen if this bill It remains to be seen if this bill ~~will become law in its present form~~or its provisions will advance in the legislative process; this potential funding is not ; this potential funding is not
included in the analyses included in the analyses ~~below~~in this report. .
Summary of DHS Appropriations
Generally, the homeland security appropriations bill includes all annual appropriations provided Generally, the homeland security appropriations bill includes all annual appropriations provided
to DHS, and allocates resources to every departmental component.to DHS, and allocates resources to every departmental component.1011 In a typical year, In a typical year,
discretionary discretionary ~~appropriations11~~appropriations12 provide roughly two-thirds to three-fourths of the annual funding provide roughly two-thirds to three-fourths of the annual funding
for DHS operations, depending on how one accounts for disaster relief funding.for DHS operations, depending on how one accounts for disaster relief funding.~~12 The remainder~~

1013 The remainder of the budget is composed of a mixture of fee revenues, trust funds, and mandatory spending. FY2021 was not a typical budgetary year for DHS, due to the large amount of mandatory funding provided to DHS in the American Rescue Plan Act (ARPA; P.L. 117-2). The $52.21 billion provided in that bill was more than the adjusted net discretionary budget authority provided in the annual appropriations measure for that year. Annual appropriations measures for DHS are usually organized into five titles.14 The first four are thematic groupings of components, while the fifth provides general direction to the department, and sometimes includes provisions providing additional budget authority. 11 Although most appropriations are available for one year, not all appropriations are spent in the year they are Although most appropriations are available for one year, not all appropriations are spent in the year they are
provided. Some appropriations, such as those for Procurement, Construction, and Improvements, are available for provided. Some appropriations, such as those for Procurement, Construction, and Improvements, are available for
multiple years. Others, such as those for the Disaster Relief Fund (DRF), never expire, and are available until they are multiple years. Others, such as those for the Disaster Relief Fund (DRF), never expire, and are available until they are
used or rescinded. used or rescinded.
1112 Generally speaking, appropriations provided through annual legislation. For more detail, see Generally speaking, appropriations provided through annual legislation. For more detail, see Appendix A.
1213 These items, which qualify for special designation under the Budget Control Act, provide discretionary budget These items, which qualify for special designation under the Budget Control Act, provide discretionary budget
authority to the DHS components but are not included in the “appropriations” total for the bill at the end of the detail authority to the DHS components but are not included in the “appropriations” total for the bill at the end of the detail
~~Congressional Research Service~~

4

~~Department of Homeland Security Appropriations: FY2022~~

~~of the budget is composed of a mixture of fee revenues, trust funds, and mandatory spending.~~
~~FY2021 was not a typical budgetary year for DHS, due to the large amount of mandatory funding~~
~~provided to DHS in the American Rescue Plan Act (ARPA; P.L. 117-2). The $52.21 billion~~
~~provided in that bill was more than the adjusted net discretionary budget authority provided in the~~
~~annual appropriations measure for that year.~~
~~Annual appropriations measures for DHS are usually organized into five titles.13 The first four are~~
~~thematic groupings of components, while the fifth provides general direction to the department,~~
~~and sometimes includes provisions providing additional budget authority.~~
tables in the committee reports. 14 Although the House and Senate have generally produced symmetrically structured bills in the past, additional titles are sometimes added by one of the chambers to address special issues. For example, in FY2017, the House and Senate committee bills took different approaches to restructuring appropriations and departmental functions, and ultimately, a sixth title was added to provide supplemental appropriations requested by the then-new Trump Administration. Congressional Research Service 5 Department of Homeland Security Appropriations: FY2022 The DHS Common Appropriations Structure
When DHS was established in 2003, components of other agencies were brought together over a When DHS was established in 2003, components of other agencies were brought together over a
matter of months, in the midst of ongoing budget cycles. Rather than developing a new structure matter of months, in the midst of ongoing budget cycles. Rather than developing a new structure
of appropriations for the entire department, Congress and the Administration continued to provide of appropriations for the entire department, Congress and the Administration continued to provide
resources through existing account structures when possible. resources through existing account structures when possible.
This changed when, after several years of work and negotiations with Congress, DHS This changed when, after several years of work and negotiations with Congress, DHS
implemented the Common Appropriations Structure (CAS) while operating under a CR in implemented the Common Appropriations Structure (CAS) while operating under a CR in
October 2016. The Administration made its first budget request under the CAS for FY2017.October 2016. The Administration made its first budget request under the CAS for FY2017.1415
Under the CAS, legacy appropriations structures were largely converted to a four-category Under the CAS, legacy appropriations structures were largely converted to a four-category
structure: structure:
1. 1. Operations and Support (O&S), which generally covers operating salaries and , which generally covers operating salaries and
expenses; expenses;
2. 2. Procurement, Construction, and Improvements (PC&I), which funds , which funds planning, planning,
development, engineering, purchase, and deployment of assets to support development, engineering, purchase, and deployment of assets to support
component missions; component missions;
3. 3. Research and Development (R&D), which provides resources needed to , which provides resources needed to identify, identify,
explore, and demonstrate new technologies and capabilities to support explore, and demonstrate new technologies and capabilities to support
component missions; and component missions; and
4. 4. Federal Assistance (FA), which supports grant funding managed by DHS , which supports grant funding managed by DHS
components. components.
All DHS components have an Operations and Support (O&S) appropriation. All DHS operational All DHS components have an Operations and Support (O&S) appropriation. All DHS operational
components and some DHS support and headquarters components have a Procurement, components and some DHS support and headquarters components have a Procurement,
Construction, and Improvements (PC&I) appropriation. Research and Development (R&D) Construction, and Improvements (PC&I) appropriation. Research and Development (R&D)
appropriations are less common, and only a handful of components have Federal Assistance (FA) appropriations are less common, and only a handful of components have Federal Assistance (FA)
appropriations. appropriations.
Even with the implementation of the CAS structure, some appropriations do not fit into the four Even with the implementation of the CAS structure, some appropriations do not fit into the four
categories, including categories, including

~~tables in the committee reports.~~
~~13 Although the House and Senate have generally produced symmetrically structured bills in the past, additional titles~~
~~are sometimes added by one of the chambers 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. The Senate~~
~~version carried no additional titles beyond the five described above. For FY2017, the House and Senate committee bills~~
~~took different approaches to restructuring appropriations and departmental functions, and ultimately, a sixth title was~~
~~added to provide supplemental appropriations requested by the then-new Trump Administration.~~
~~14 For FY2017 and FY2018, all DHS components requested appropriations under the Common Appropriations~~
~~Structure (CAS) except for the U.S. Coast Guard, due to constraints of its financial management system and statutory~~
~~authorizations. For FY2019, all the components’ requests generally conformed to the CAS.~~
~~Congressional Research Service~~

5

~~Department of Homeland Security Appropriations: FY2022~~

  Federal Protective Service: The Federal Protective Service (FPS), which has The Federal Protective Service (FPS), which has
been a part of several different components of DHS, does not have an been a part of several different components of DHS, does not have an
appropriation of an explicit amount. Rather, the appropriations measure has appropriation of an explicit amount. Rather, the appropriations measure has
language directing that funds credited to the FPS account may be spent by FPS to language directing that funds credited to the FPS account may be spent by FPS to
carry out its mission. It therefore has a net-zero impact on the total net carry out its mission. It therefore has a net-zero impact on the total net
discretionary spending in the bill. discretionary spending in the bill.
  USCG’s Retired Pay: The Coast Guard’s Retired Pay appropriation supports the The Coast Guard’s Retired Pay appropriation supports the
costs of the U.S. Coast Guard (USCG) retired personnel entitlements, including costs of the U.S. Coast Guard (USCG) retired personnel entitlements, including
pensions, Survivor Benefits Plans, and medical care of retired USCG personnel pensions, Survivor Benefits Plans, and medical care of retired USCG personnel
and their dependents. This appropriation is categorized as appropriated and their dependents. This appropriation is categorized as appropriated
mandatory spending. Such appropriations are made when the U.S. government mandatory spending. Such appropriations are made when the U.S. government
has a statutory obligation to make these payments; otherwise, there is no has a statutory obligation to make these payments; otherwise, there is no
statutory mechanism in place to provide these funds. Because the government is statutory mechanism in place to provide these funds. Because the government is
required to make these payments, the Retired Pay appropriation does not count required to make these payments, the Retired Pay appropriation does not count
against the discretionary allocation of the bill. against the discretionary allocation of the bill.
15 For FY2017 and FY2018, all DHS components requested appropriations under the Common Appropriations Structure (CAS) except for the U.S. Coast Guard, due to constraints of its financial management system and statutory authorizations. For FY2019, all the components’ requests generally conformed to the CAS. Congressional Research Service 6 Department of Homeland Security Appropriations: FY2022   FEMA’s Disaster Relief Fund (DRF): FEMA receives a separate appropriation FEMA receives a separate appropriation
for its activities authorized under the Robert T. Stafford Disaster Relief and for its activities authorized under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. §§5121 et seq.). This allows for more Emergency Assistance Act (42 U.S.C. §§5121 et seq.). This allows for more
consistent tracking of FEMA’s disaster assistance spending over time, and consistent tracking of FEMA’s disaster assistance spending over time, and
ensures a degree of transparency into the availability of funds for disaster ensures a degree of transparency into the availability of funds for disaster
assistance versus FEMA’s other grant activities, which are funded through the assistance versus FEMA’s other grant activities, which are funded through the
Federal Assistance appropriation. Federal Assistance appropriation.
  FEMA’s National Flood Insurance Fund: The National Flood Insurance The National Flood Insurance
Program is largely mandatory spending. However, some program functions, Program is largely mandatory spending. However, some program functions,
including mission support, floodplain management, and flood mapping, are paid including mission support, floodplain management, and flood mapping, are paid
for through discretionary appropriations. Certain other program costs are paid for for through discretionary appropriations. Certain other program costs are paid for
by fees collected by the government, and require appropriations language to by fees collected by the government, and require appropriations language to
allow those resources to be spent. These include allow those resources to be spent. These include
o operating expenses and salaries and expenses associated with flood insurance operating expenses and salaries and expenses associated with flood insurance
operations; operations;
o commissions and taxes of agents; commissions and taxes of agents;
o interest on borrowings from the Treasury; and interest on borrowings from the Treasury; and
o flood mitigation actions and flood mitigation assistance. flood mitigation actions and flood mitigation assistance.
Administrative and General Provisions
Prior to the FY2017 DHS annual appropriations act (P.L. 115-31), the provisos accompanying Prior to the FY2017 DHS annual appropriations act (P.L. 115-31), the provisos accompanying
many appropriations included directions to the components or specific conditions on how the many appropriations included directions to the components or specific conditions on how the
provided budget authority could be used. In the FY2017 act, most of these provisions were provided budget authority could be used. In the FY2017 act, most of these provisions were
grouped at the ends of the titles under which their targeted components had been funded, and grouped at the ends of the titles under which their targeted components had been funded, and
identified as “administrative provisions.”identified as “administrative provisions.”1516 This practice has continued in subsequent years. These This practice has continued in subsequent years. These
component-specific provisions are distinct from general provisions, which appear in Title V, and component-specific provisions are distinct from general provisions, which appear in Title V, and
usually provide directions or conditions to more than one component. In some cases, general usually provide directions or conditions to more than one component. In some cases, general
provisions may include additional appropriations. provisions may include additional appropriations.

~~15 The detail table at the end of the explanatory statement notes the budget authority provided by these provisions, as~~
~~well as budget authority that scorekeeping rules mandate be included in the act’s total spending.~~
~~Congressional Research Service~~

6

~~Department of Homeland Security Appropriations: FY2022~~

Due to the passage of time or enactment of permanent legislation, a provision may require Due to the passage of time or enactment of permanent legislation, a provision may require
adjustment or lose its relevance. Other provisions are the priority of members in one chamber or adjustment or lose its relevance. Other provisions are the priority of members in one chamber or
another, and as the enacted bill represents a compromise between those positions, the bills another, and as the enacted bill represents a compromise between those positions, the bills
developed by one chamber may not necessarily reflect the other chamber’s priorities. developed by one chamber may not necessarily reflect the other chamber’s priorities.
Appropriations and Recent Structural Change Proposals at DHS
Restructuring or reorganization of DHS can be driven by legislative or executive action. Just as Congress enacted Restructuring or reorganization of DHS can be driven by legislative or executive action. Just as Congress enacted
legislation to establish DHS, it can also enact legislation to restructure it. In addition, Section 872 of the Homeland legislation to establish DHS, it can also enact legislation to restructure it. In addition, Section 872 of the Homeland
Security Act of 2002 (HSA; P.L. 107-296) provided broad reorganizational authority for the Secretary of DHS. Security Act of 2002 (HSA; P.L. 107-296) provided broad reorganizational authority for the Secretary of DHS.
However, a general provision has blocked the use of that authority for the most part since FY2007. This has However, a general provision has blocked the use of that authority for the most part since FY2007. This has
meant that in order for the Administration to substantially restructure DHS operations, it either has to get meant that in order for the Administration to substantially restructure DHS operations, it either has to get
legislation passed to authorize the change, or get Congress to provide an exception to the ban on its legislation passed to authorize the change, or get Congress to provide an exception to the ban on its
reorganization authority under Section 872. reorganization authority under Section 872.
Keeping these reorganizations and potential reorganization in mind is particularly important when comparing DHS funding across measures with different structural proposals or multiple fiscal years. Statutory changes made by two laws can be seen in recent DHS appropriations actions, and Statutory changes made by two laws can be seen in recent DHS appropriations actions, and ~~H.R. 4431~~ the FY2022 Act included a included a
specific exception to its restriction on Section 872 authority.specific exception to its restriction on Section 872 authority. 16 The detail table at the end of the explanatory statement notes the budget authority provided by these provisions, as well as budget authority that scorekeeping rules mandate be included in the act’s total spending. Congressional Research Service 7 Department of Homeland Security Appropriations: FY2022 Statutory Reorganization
The Cybersecurity and Infrastructure Security Agency Act of 2018 (P.L. 115-278) renamed the National The Cybersecurity and Infrastructure Security Agency Act of 2018 (P.L. 115-278) renamed the National
Protection and Programs Directorate (NPPD) as the Cybersecurity and Infrastructure Security Agency (CISA), Protection and Programs Directorate (NPPD) as the Cybersecurity and Infrastructure Security Agency (CISA),
moved the Office of Biometric Identity Management (OBIM) out of CISA and into the Management Directorate of moved the Office of Biometric Identity Management (OBIM) out of CISA and into the Management Directorate of
DHS, and started the process of transferring the Federal Protective Service (FPS) out of CISA, pending the result DHS, and started the process of transferring the Federal Protective Service (FPS) out of CISA, pending the result
of a Government Accountability Office (GAO) review. of a Government Accountability Office (GAO) review.
The FY2019 enacted appropriations for DHS and the Administration’s FY2020 budget request The FY2019 enacted appropriations for DHS and the Administration’s FY2020 budget request ~~reflect~~reflected the the
renaming of NPPD to CISA and shift of OBIM, while the FY2020 appropriation was the first to include FPS within renaming of NPPD to CISA and shift of OBIM, while the FY2020 appropriation was the first to include FPS within
the Management Directorate. the Management Directorate.
The Countering Weapons of Mass Destruction Act of 2018 (P.L. 115-387) amended the HSA, combining all the The Countering Weapons of Mass Destruction Act of 2018 (P.L. 115-387) amended the HSA, combining all the
personnel and resources of the Domestic Nuclear Detection Office and Office of Health Affairs into the personnel and resources of the Domestic Nuclear Detection Office and Office of Health Affairs into the
Countering Weapons of Mass Destruction Office (CWMD). Since the bil was enacted in December 2018, the Countering Weapons of Mass Destruction Office (CWMD). Since the bil was enacted in December 2018, the
Senate did not present its FY2019 DHS Appropriations bil with funding for the new office, as it had yet to be Senate did not present its FY2019 DHS Appropriations bil with funding for the new office, as it had yet to be
authorized, instead providing direction and funding in the legacy structure for the two components. authorized, instead providing direction and funding in the legacy structure for the two components.
Executive Reorganization As part of the FY2021 budget proposal, the Donald J. Trump Administration proposed shifting the U.S. Secret As part of the FY2021 budget proposal, the Donald J. Trump Administration proposed shifting the U.S. Secret
Service from DHS to the Department of the Treasury. Both House Appropriations Committee-reported H.R. Service from DHS to the Department of the Treasury. Both House Appropriations Committee-reported H.R.
7669 and the Senate Appropriations Committee majority draft declined to fol ow this proposal, as did P.L. 116-7669 and the Senate Appropriations Committee majority draft declined to fol ow this proposal, as did P.L. 116-
260. 260.
No such significant change proposals were included in the Biden Administration’s FY2022 budget request. No such significant change proposals were included in the Biden Administration’s FY2022 budget request.
However, Section 513 of H.R. 4431, the restriction on the use of the Section 872 reorganization authority, However, Section 513 of H.R. 4431, the restriction on the use of the Section 872 reorganization authority,
provided a specific exception that opens the door to a particular reorganization. It allowed the authority to be provided a specific exception that opens the door to a particular reorganization. It allowed the authority to be
used for establishing an office within the Office of the Secretary for departmental workforce health, safety, and used for establishing an office within the Office of the Secretary for departmental workforce health, safety, and
medical functions and activities, consolidating those functions from the Countering Weapons of Mass Destruction medical functions and activities, consolidating those functions from the Countering Weapons of Mass Destruction
Office and Under Secretary for Management. No such exception was included in the Senate Appropriations Office and Under Secretary for Management. No such exception was included in the Senate Appropriations
Committee majority draft legislation. Committee majority draft legislation.
~~Keeping these reorganizations and potential reorganization in mind is particularly important when comparing DHS~~
~~funding across measures with different structural proposals or multiple fiscal years.~~
Section 513 in the FY2022 Act mirrors the provision in H.R. 4431. DHS Appropriations: Summary by Component Type
The following sections of the report discuss the appropriations provided for the department by The following sections of the report discuss the appropriations provided for the department by
type of component. It groups the 15 components of DHS into the following structure: type of component. It groups the 15 components of DHS into the following structure:
  Law Enforcement Operational Components (Title II)
o U.S. Customs and Border Protection U.S. Customs and Border Protection
o Immigration and Customs Enforcement Immigration and Customs Enforcement
o Transportation Security Administration Transportation Security Administration
o U.S. Coast Guard U.S. Coast Guard
o U.S. Secret Service U.S. Secret Service
~~Congressional Research Service~~

7

~~Department of Homeland Security Appropriations: FY2022~~

  Incident Response and Recovery Operational Components (Title III)
o Cybersecurity and Infrastructure Security Agency Cybersecurity and Infrastructure Security Agency
o Federal Emergency Management Agency Federal Emergency Management Agency
  Support Components (Title IV)
o U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services
o Federal Law Enforcement Training Center Federal Law Enforcement Training Center
o Science and Technology Directorate Science and Technology Directorate
o Countering Weapons of Mass Destruction Office Countering Weapons of Mass Destruction Office
  Headquarters Components (Title I)
o Office of the Secretary and Executive Management Office of the Secretary and Executive Management
o Congressional Research Service 8 link to page 15 Department of Homeland Security Appropriations: FY2022  Departmental Management Directorate Departmental Management Directorate
~~o Analysis~~ Intelligence, Analysis, and Operations and Operations
oCoordination  Office of Inspector General Office of Inspector General
Each group’s and component’s role is briefly described below, and their FY2021 enacted and Each group’s and component’s role is briefly described below, and their FY2021 enacted and
FY2022 requestedFY2022 requested, proposed, and enacted ~~and recommended~~ appropriations are presented in associated tables arranged appropriations are presented in associated tables arranged
by grouped components, followed by a brief discussion of the associated administrative by grouped components, followed by a brief discussion of the associated administrative
provisions. provisions.
Law Enforcement Operational Components
Funding for law enforcement operational components is generally provided in Title II of the DHS Funding for law enforcement operational components is generally provided in Title II of the DHS
appropriations acts. This is the largest title of the bill, although not all of DHS’s largest appropriations acts. This is the largest title of the bill, although not all of DHS’s largest
components are included in it. components are included in it.
Components and Missions
U.S. Customs and Border Protection (CBP): According to its budget overview, CBP “is According to its budget overview, CBP “is
responsible for securing America’s borders, coastlines, and ports of entry, thus preventing the responsible for securing America’s borders, coastlines, and ports of entry, thus preventing the
illegal entry of persons and goods while facilitating lawful travel, trade, and immigration.”illegal entry of persons and goods while facilitating lawful travel, trade, and immigration.”1617
Immigration and Customs Enforcement (ICE): ICE “is the principal criminal investigative ICE “is the principal criminal investigative
agency within DHS,” and “focuses on immigration enforcement, preventing terrorism, and agency within DHS,” and “focuses on immigration enforcement, preventing terrorism, and
combating the illegal movement of people and goods.”combating the illegal movement of people and goods.”1718
Transportation Security Administration (TSA): TSA provides security for the U.S. TSA provides security for the U.S.
transportation system while working “to ensure the free and secure movement of people and transportation system while working “to ensure the free and secure movement of people and
commerce.”commerce.”1819
U.S. Coast Guard (USCG): The USCG is “the principal federal agency responsible for maritime The USCG is “the principal federal agency responsible for maritime
safety, security, and environmental stewardship in U.S. ports and inland waterways.” The USCG safety, security, and environmental stewardship in U.S. ports and inland waterways.” The USCG
is a hybrid of a law enforcement agency, regulatory agency, and first responder, as well as being a is a hybrid of a law enforcement agency, regulatory agency, and first responder, as well as being a

~~16 Department of Homeland Security, Budget-in-Brief, Fiscal Year 2022, Washington, DC, https://www.dhs.gov/sites/~~
~~default/files/publications/dhs_bib_-_web_version_-_final_508.pdf (hereinafter Budget-in-Brief), p. 23.~~
~~17 Budget-in-Brief, p. 29.~~
~~18 Budget-in-Brief, p. 36.~~
~~Congressional Research Service~~

8

~~link to page 14 link to page 38~~ ~~Department of Homeland Security Appropriations: FY2022~~

component not only of DHS, but also of the intelligence community, and of the U.S. Armed component not only of DHS, but also of the intelligence community, and of the U.S. Armed
Forces.Forces.1920
U.S. Secret Service (USSS): The USSS isThe USSS is responsible for protecting the President, the Vice-responsible for protecting the President, the Vice-
President, their families and residences, past Presidents and their spouses, national and world President, their families and residences, past Presidents and their spouses, national and world
leaders visiting the United States, designated buildings (including the White House and Vice leaders visiting the United States, designated buildings (including the White House and Vice
President’s Residence), and special events of national significance. The USSS also investigates President’s Residence), and special events of national significance. The USSS also investigates
and enforces laws related to counterfeiting and certain financial crimes.and enforces laws related to counterfeiting and certain financial crimes.2021
Table 2 includes a breakdown of budgetary resources provided to these components controlled includes a breakdown of budgetary resources provided to these components controlled
through appropriations legislation. Aside from transfers, italicized references through appropriations legislation. Aside from transfers, italicized references to offsetting collections are for information are for information
only and do not contribute to the totals (see the text box below for an explanation). only and do not contribute to the totals (see the text box below for an explanation).

17 Department of Homeland Security, Budget-in-Brief, Fiscal Year 2022, Washington, DC, https://www.dhs.gov/sites/default/files/publications/dhs_bib_-_web_version_-_final_508.pdf (hereinafter Budget-in-Brief), p. 23. 18 Budget-in-Brief, p. 29. 19 Budget-in-Brief, p. 36. 20 Budget-in-Brief, p. 43. 21 Budget-in-Brief, p. 50. Congressional Research Service 9 link to page 40 Department of Homeland Security Appropriations: FY2022 Potential for “Total” Confusion
The appropriations tracking tables in this report include multiple totals that reflect specific aspects of component The appropriations tracking tables in this report include multiple totals that reflect specific aspects of component
funding at DHS. However, the technical names of the totals are not always sufficient for the reader to immediately funding at DHS. However, the technical names of the totals are not always sufficient for the reader to immediately
parse their meaning. Totals in the appropriations detail tables have, at times, presented information in differing parse their meaning. Totals in the appropriations detail tables have, at times, presented information in differing
formats as well. However, formats as well. However, ~~both of~~ the detail tables presented the detail tables presented ~~in H.Rept. 117-87 and the explanatory statement~~
~~accompanying the Senate Appropriations Committee majority draft~~over the course of the FY2022 appropriations cycle present totals in a consistent format. For present totals in a consistent format. For
information on the derivation of those totals, see “Detail Table Totals” ininformation on the derivation of those totals, see “Detail Table Totals” in Appendix A.
In this report’s budgetary resources tables, there are In this report’s budgetary resources tables, there are annual discretionary appropriations totals. These are totals. These are
gross totals, which include discretionary appropriations in the bil s and permanent indefinite discretionary gross totals, which include discretionary appropriations in the bil s and permanent indefinite discretionary
~~spending,~~ spending that score against discretionary budget limits, as well as appropriations that are designated as that score against discretionary budget limits, as well as appropriations that are designated as ~~emergency~~
~~spending or~~ disaster relief and therefore do not “scoredisaster relief and therefore do not “score~~”. They do not reflect offsetting col ections or the effects of~~
~~transfers between components~~.” Separately reflected in the table are smal discretionary scoring amounts for the effect of changes in mandatory programs (CHIMPS)—the cost of the first year of which adds to the discretionary total of the bil . The discretionary totals in this report do not reflect offsetting col ections, which appear for information in the tables in italics (as do subdivisions of the , which appear for information in the tables in italics (as do subdivisions of the
Disaster Relief FundDisaster Relief Fund ~~[DRF])~~, or DRF), nor do they include funding designated as an emergency requirement. Fee-funded programs that have appropriations in permanent law, trust funds, and . Fee-funded programs that have appropriations in permanent law, trust funds, and
mandatory spending that are reflected in the appropriations committee detail tables are listed below the annual mandatory spending that are reflected in the appropriations committee detail tables are listed below the annual
discretionary appropriations total in a single line for the components that have such resources. discretionary appropriations total in a single line for the components that have such resources.
Below these elements associated with the annual appropriations measure, Below these elements associated with the annual appropriations measure, supplemental appropriations are are
listed separately for components that received such funds for FY2021 or FY2022. listed separately for components that received such funds for FY2021 or FY2022.
Some of the supplemental appropriations from P.L. 117-58, Division J, were advance appropriations, unavailable for use in FY2022. Those advance appropriations are not presented in this report’s analyses, as they focus on those resources made available for FY2022. This report factors total annual discretionary appropriations, the mandatory spending line, the effects of transfersThis report factors total annual discretionary appropriations, the mandatory spending line, the effects of transfers,
between components, and emergency-designated and supplemental appropriations into a projected and supplemental appropriations into a projected budgetary resources total. This total, not reflected directly in total. This total, not reflected directly in
~~the~~ the appropriations committee-developed detail tables, summarizes the total resources available to each component. detail tables, summarizes the total resources available to each component.
Three lines at the end of the table summarize the annual discretionary appropriations, supplemental Three lines at the end of the table summarize the annual discretionary appropriations, supplemental
appropriations (discretionary and mandatory), and appropriations (discretionary and mandatory), and total projected budgetary resources listed in the table. budgetary resources listed in the table.
Notes: The totals in this table do not take into account the budgetary effects of offsetting col ections, The totals in this table do not take into account the budgetary effects of offsetting col ections, ~~rescissions~~
or rescissions of prior year budget authorityof prior year budget authority~~, or changes in mandatory programs (CHIMPS)~~. Factoring in these elements would . Factoring in these elements would
generate a generate a net discretionary appropriations total that does not speak total that does not speak as clearly to the resourcing of the clearly to the resourcing of the
component, but instead to the impact of the congressional actions in the bil on the general fund of the Treasury. component, but instead to the impact of the congressional actions in the bil on the general fund of the Treasury.
Such analyses are available separately on request; they are not reflected here, to avoid “total” confusionSuch analyses are available separately on request; they are not reflected here, to avoid “total” confusion.

~~19 Budget-in-Brief, p. 43.~~
20 Budget-in-Brief~~, p. 50~~. .
Congressional Research Service Congressional Research Service

910

link to page 17 link to page 17 Department of Homeland Security Appropriations: FY2022

Table 2. Budgetary Resources for Law Enforcement Operational Components,
FY2021 and FY2022
(budget authority in thousands of dollars) (budget authority in thousands of dollars)

FY2021
FY2022
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
SAC Annual HAC- Majority Budget Reported Draft Component / Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)ab
Enacted
CBP

O&S O&S
12,908,923 12,908,923
13,426,809 13,426,809
13,562,809 13,562,809
13,605,535 13,605,535
—13,756,194
PC&I PC&I
1,839,634 1,839,634
925,780 925,780
333,780 333,780
717,398 717,398
—572,083
CBP Services at User CBP Services at User Fee Facilities
9,000 9,000
9,000 9,000
9,000 9,000
9,000 9,000
—
~~Fee Facilities~~ 9,000 (PID) (PID)
Global Entry Global Entry
Program (PID) 199,939 199,939
167,000 167,000
167,000 167,000
167,000 167,000
—
~~Program (PID)~~
~~Colombia Free~~167,000 Border Patrol hiring (AP) — — — — 100,000 Colombia Free Trade Act
281,000 281,000
206,000 206,000
206,000 206,000
206,000 206,000
—
~~Trade Act~~
~~Col~~206,000 col ections (AP) ections (AP)
Reimbursable Reimbursable preclearance (AP)
39,000 39,000
39,000 39,000
39,000 39,000
39,000 39,000
—
~~Preclearance (AP)~~
~~Recording~~
0
~~50,000~~
0
0
—
~~Obligations Related~~
~~to Real Property~~
~~Agreements~~
~~(proposed AP)~~
~~Immigration and~~
~~840,000~~
0
0
0
—
~~custom fee shortfall~~
~~appropriation~~
~~(emergency~~39,000 Recording obligations related to — 50,000 — — — real property agreements (AP) Immigration and custom fee 840,000 — — — — shortfall appropriation (emergency, Title V) Immigration and custom fee — — — — 650,000 shortfall appropriation (discretionary, Title V) Border management requirements — — — — 993,792 (discretionary, Title V) , Title V)
Total Annual
Discretionary 15,277 ~~16,117~~,496
14,823,589
14,317,589
14,743,933
—
~~Discretionary~~
16,493,069 Appropriations
Offsetting Collection
(Global Entry and -238,939
-206,000
-206,000
-206,000
—
~~(Global Entry and~~
-206,000 Preclearance)
Fees, Mandatory Fees, Mandatory
Spending, and 2,408,906 2,408,906
1,601,034 1,601,034
1,601,034 1,601,034
1,601,034 1,601,034
—
~~Spending, and~~ 1,601,034 Trust Trust
FundsFunds
Supplemental

~~Appropriations~~
~~O&S (emergency,~~
0
0
0
0
~~330,000~~
~~P.L. 117-58, Div. J)~~
~~Procurement,~~
0
0
0
0
~~100,000~~
~~Construction, and~~
~~Improvements~~
Appropriations O&S (emergency, P.L. 117-58, Div. — — — — 330,000 J) Procurement, Construction, and — — — — 100,000 Improvements (emergency, P.L. (emergency, P.L.
117-58, Div. J) 117-58, Div. J)
Total Budgetary
Resources 18,526,402
16,424,623
15,918,623
16,344,967
~~430,000~~
~~Resources~~ 18,524,103 ICE O&S 7,875,730 7,939,786 7,820,275 7,882,019 8,206,526 PC&I 97,799 51,700 51,700 51,700 51,700 FA — — 100,000 — —
Congressional Research Service Congressional Research Service

1011

link to page 17 link to page 17 Department of Homeland Security Appropriations: FY2022

FY2021
FY2022
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
SAC Annual HAC- Majority Budget Reported Draft Component / Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)ab Enacted Transfer to FEMA — — 100,000 — — Non-detention border management — — — — 239,658 requirements (Title V) Total Annual Discretionary
~~Enacted~~
~~ICE~~

~~O&S~~
~~7,875,730~~
~~7,939,786~~
~~7,820,275~~
~~7,882,019~~
—
~~PC&I~~
~~97,799~~
~~51,700~~
~~51,700~~
~~51,700~~
—
FA
0
0
~~100,000~~
0
—
~~Transfer to FEMA~~
0
0
~~-100,000~~
0
—
~~Total Annual~~
7,973,529
7,991,486
7,971,975
7,933,719
—
~~Discretionary~~
8,497,884 Appropriations
Fees, Mandatory Fees, Mandatory
Spending, and 376,610 376,610
379,610 379,610
379,610 379,610
379,610 379,610 379,610
—
~~Spending, and~~ Trust Trust
Funds Funds
Total Budgetary
Resources 8,350,139
8,371,096
8,~~151~~351,585
8,313,329
—
~~Resources~~
~~TSA~~

8,877,494 TSA O&S O&S
7,793,715 7,793,715
8,094,787 8,094,787
8,072,443 8,072,443
8,094,787 8,094,787
—8,091,193
Vetting Fee Vetting Fee
Programs 353,964 353,964
200,000 200,000
200,000 200,000
200,000 200,000
—
~~Programs~~200,000
PC&I PC&I
134,492 134,492
134,492 134,492
156,836 156,836
134,492 134,492
—160,736
R&D R&D
29,524 29,524
35,532 35,532
35,532 35,532
35,532 35,532
—35,532
Total Annual
Discretionary 8,311,695
8,464,811
8,464,811
8,464,811
—
~~Discretionary~~
8,487,461 Appropriations
Offsetting Collections
(O&S and -3,293,964
-2,310,000
-2,310,000
-2,310,000
—
~~(O&S~~-2,310,000 Vetting Fee Programs)
Fees, Mandatory Fees, Mandatory
Spending, and 255,500 255,500
256,000 256,000
256,000 256,000
256,000 256,000 256,000
—
~~Spending, and~~ Trust Trust
Funds Funds
Total Budgetary
Resources 8,567,195
8,720,811
8,720,811
8,720,811
—
~~Resources~~
~~USCG~~

8,743,461 USCG O&S O&S
8,485,146 8,485,146
9,020,770 9,020,770
9,144,070 9,144,070
9,066,020 9,066,020
—9,162,120
PC&I PC&I
2,264,041 2,264,041
1,639,100 1,639,100
1,817,100 1,817,100
1,711,600 1,711,600
—2,030,100
R&D R&D
10,276 10,276
7,476 7,476
7,476 7,476
7,476 7,476
—7,476
Health Care Fund Health Care Fund
Contribution 215,787 215,787
240,577 240,577
240,577 240,577
240,577 240,577
—
~~Contribution~~ 240,577 (PID) (PID)
Coast Guard Coast Guard
Housing Fund (AP) 4,000 4,000 4,000 4,000 4,000 Coast Guard Museum (AP) — — — 50,000 50,000 Total Annual Discretionary ~~4,000~~
~~4,000~~
~~4,000~~
~~4,000~~
—
~~Housing Fund (AP)~~
~~Coast Guard~~
0
0
0
~~50,000~~
—
~~Museum (AP)~~
~~Congressional Research Service~~

11

~~link to page 17~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~FY2021~~
~~FY2022~~
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
~~Appropriation~~
~~Enacted~~
~~Request~~
~~H.R. 7669~~
Draft (S. 3058)a
~~Enacted~~
~~Total Annual~~
10,979,250
10,911,923
11,213,223
11,079,673
—
~~Discretionary~~
11,494,273 Appropriations
Offsetting Collections
for USCG -4,000
-4,000
-4,000
-4,000
—
-4,000 Housing (AP)
Fees, Mandatory Fees, Mandatory
Spending, and 1,869,704 1,869,704
1,963,519 1,963,519
1,963,519 1,963,519
1,963,519 1,963,519
—
~~Spending, and Trust~~
~~Funds~~1,963,519 Trust Funds
Supplemental
Appropriations

~~Appropriations~~
O&S (emergency, O&S (emergency,
P.L. 117-58, Div. — — — — 5,000 J) Congressional Research Service 12 link to page 17 Department of Homeland Security Appropriations: FY2022 FY2021 FY2022 SAC Annual HAC- Majority Budget Reported Draft Component / Appropriation Enacted Request H.R. 7669 (S. 3058)b Enacted PC&I (emergency, P.L. 117-58, Div. — — — — 429,000 J) Total Budgetary Resources 0
0
0
0
~~5,000~~
~~P.L. 117-58, Div. J)~~
~~PC&I (emergency,~~
0
0
0
0
~~429,000~~
~~P.L. 117-58, Div. J)~~
~~Total Budgetary~~
12,848,954
12,875,442
13,176,742
13,043,192
~~434,000~~
~~Resources~~13,891,792
USSS

O&S O&S
2,373,109 2,373,109
2,514,758 2,514,758
2,518,658 2,518,658
2,520,528 2,520,528
—2,554,729
PC&I PC&I
52,955 52,955
54,849 54,849
54,849 54,849
54,849 54,849
—54,849
R&D R&D
11,937 11,937
2,310 2,310
2,310 2,310
2,310 2,310
—2,310
Total Discretionary
2,438,001
2,571,917
2,575,817
2,577,687
—
~~Discretionary~~
2,611,888 Appropriations
Total Budgetary
Resources 2,438,001
2,571,917
2,575,817
2,577,687
—
~~Resources~~2,611,888
Title II
~~45,819~~Components Total 44,979,971
44,763,726
44,~~542~~543,415
44,799,823
—
~~Components~~
~~Total~~ 47,584,575 Annual
Appropriations
Title II Components Total — — — —
0
0
0
0
864,000
~~Components~~
~~Total~~
Supplemental
Appropriations
Title II
Components Projected 50,730 ~~50,630~~,691
48,963,889
48,~~543~~743,578
48,999,986
~~864,000~~
~~Components~~
~~Projected~~ 52,648,738 Total
Gross Budgetary
Resources
Sources: ~~Detail tables in H.Rept. 117-87 and the~~CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F, and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-produced draft appropriations bil and explanatory statement released on October 18, 2021. Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations Committee; CBP = U.S. Customs and Border Protection; ICE = U.S. Immigration and Customs Enforcement; TSA = Transportation Security Administration; USCG = U.S. Coast Guard; USSS = U.S. Secret Service ~~explanatory statement accompanying the Senate~~
~~Appropriations Committee majority draft; P.L. 117-43; and P.L. 117-58, Div. J.~~
Notes: All non-total values are drawn from detail tables or legislative text and do not reflect continuing
~~appropriations. “0” reflects a known zero value. “—” reflects a value yet undetermined by the process~~. PID = . PID =
Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP = Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP =
Administrative Provision. Administrative Provision.
~~Congressional Research Service~~

12

~~Department of Homeland Security Appropriations: FY2022~~

ab. While this column is populated with data drawn from the explanatory statement accompanying the Senate . While this column is populated with data drawn from the explanatory statement accompanying the Senate
Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in
Congress.gov and may be more convenient for readers to reference. Congress.gov and may be more convenient for readers to reference.
Title II Administrative Provisions
There were 35 administrative provisions included in Title II of the FY2021 DHS Appropriations There were 35 administrative provisions included in Title II of the FY2021 DHS Appropriations
Act.Act.2122 The FY2022 Act included 36. The following subsections The following subsections ~~note~~track changes from prior-year administrative provisions changes from prior-year administrative provisions., starting with discussions of the Biden Administration’s proposed changes to the administrative provisions, then those proposed in H.R. 4431 and S. 3058. The discussion is mostly grouped by component, but as some of the proposals involved both CBP and ICE, those two components are grouped together. 22 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, pp. 1197-1199. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf. Congressional Research Service 13 Department of Homeland Security Appropriations: FY2022
CBP and ICE
The Administration proposed dropping two provisions (209 and 210) that directed the spending of The Administration proposed dropping two provisions (209 and 210) that directed the spending of
CBP’s Procurement, Construction, and Improvements CBP’s Procurement, Construction, and Improvements (PC&I) appropriation. Both FY2022 bills dropped appropriation. Both FY2022 bills dropped
~~those provisions~~those provisions, but Sec. 209 in the FY2022 Act divides the entire appropriation among four subappropriations—the FY2021 version had only directed a portion of the appropriation. Section 210, which provided for border barrier construction funding, was dropped. .
The Biden Administration proposed a slight modification to the The Biden Administration proposed a slight modification to the ~~former~~FY2021 Act’s Section 208, which Section 208, which
required an expenditure plan for current and prior CBP’s Procurement, Construction, and required an expenditure plan for current and prior CBP’s Procurement, Construction, and
Improvements appropriation before the funding could be obligated. The Administration proposed Improvements appropriation before the funding could be obligated. The Administration proposed
limiting the scope of the hold of obligations to the funding provided in the FY2022 act. H.R. limiting the scope of the hold of obligations to the funding provided in the FY2022 act. H.R.
4431 dropped the entire withholding, while S. 3058 kept the withholding and included the 4431 dropped the entire withholding, while S. 3058 kept the withholding and included the
proposed changeproposed change. The FY2022 Act maintains the existing reporting requirement and the multi-year withholding. .
The Administration also suggested adding four other administrative provisions, directed at CBP The Administration also suggested adding four other administrative provisions, directed at CBP
and ICE.and ICE. ~~The provisions would have~~
~~ Required~~  One proposed provision required further review of possible payments by CBP under real further review of possible payments by CBP under real ~~property~~
property agreements by the Commissioner (or their designee) before being recorded as an agreements by the Commissioner (or their designee) before being recorded as an
obligation. obligation.
 Neither committee included the proposed provision regarding real property Neither committee included the proposed provision regarding real property
agreements in their billsagreements in their bills.
~~ Allowed~~, and the provision was not included in the FY2022 Act.  Another proposed provision would have allowed CBP and ICE to reimburse CBP and ICE to reimburse third-parties from their “Operations and third-parties from their “Operations and
Support” appropriations for COVID-19 testing and shelter for persons deemed Support” appropriations for COVID-19 testing and shelter for persons deemed
inadmissible.inadmissible.
 Both H.R. 4431 and S. 3058 included provisions regarding reimbursement Both H.R. 4431 and S. 3058 included provisions regarding reimbursement
for COVID-19 testing and shelter for inadmissible aliens. H.R. 4431’s for COVID-19 testing and shelter for inadmissible aliens. H.R. 4431’s
Section 210 included the provision as requested. S. 3058 took a different Section 210 included the provision as requested. S. 3058 took a different
approach: Section 232 allowed unused CARES Act (P.L. 116-136) funding to approach: Section 232 allowed unused CARES Act (P.L. 116-136) funding to
be used for COVID-19 testing and shelter for the inadmissible, as well as for be used for COVID-19 testing and shelter for the inadmissible, as well as for
family reunification. (A new Section 235 in H.R. 4431 would also have family reunification. (A new Section 235 in H.R. 4431 would also have
funded family reunification efforts with unused CARES Act resources and funded family reunification efforts with unused CARES Act resources and
unobligated immigration law enforcement budget authority.) unobligated immigration law enforcement budget authority.)
~~ Allowed~~None of these provisions were included in the FY2022 Act.  A third proposed provision would have allowed deobligated CBP border barrier deobligated CBP border barrier construction funds to be used for other construction funds to be used for other
purposes. purposes.
 H.R. 4431 included a new Section 211, which H.R. 4431 included a new Section 211, which ~~allows~~would have allowed $100 million in funds $100 million in funds
previously appropriated for border barrier construction to be used for previously appropriated for border barrier construction to be used for
mitigation activities mitigation activities related to border barrier construction on federal lands. Neither of these provisions were included in the FY 2022 Act.  A final proposed administrative provision would have rescinded unobligated balances provided for border barrier construction. ~~related to border barrier construction on federal lands.~~
~~ Rescinded unobligated balances provided for border barrier construction.~~

~~21 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, on pages~~
~~1197-1199. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.~~
~~Congressional Research Service~~

13

~~Department of Homeland Security Appropriations: FY2022~~

 Both H.R. 4431 and S. 3058 included this rescission in Title V, among the Both H.R. 4431 and S. 3058 included this rescission in Title V, among the
general provisions—the standard treatment for rescissions in DHS general provisions—the standard treatment for rescissions in DHS
~~appropriations measures.~~
appropriations measures. While a $10 million rescission was taken from CBP’s FY2021 Procurement, Construction and Improvements appropriation in the FY2022 Act, this particular broad rescission—estimated by CBO at $1.9 billion—was not included. These were not the only substantive changes to the Title II administrative provisions for CBP and These were not the only substantive changes to the Title II administrative provisions for CBP and
ICE proposed in the two bills: ICE proposed in the two bills:
Congressional Research Service 14 Department of Homeland Security Appropriations: FY2022  H.R. 4431 dropped the former Section 212, which restricted the use of funds to  H.R. 4431 dropped the former Section 212, which restricted the use of funds to
reduce anticipated or planned vetting operations at existing National Targeting reduce anticipated or planned vetting operations at existing National Targeting
Center locations. S. 3058 Center locations. S. 3058 ~~continues~~continued to carry it to carry it., as did the FY2022 Act.23
 Both bills dropped the former Section 213 from the FY2021  Both bills dropped the former Section 213 from the FY2021 ~~DHS Appropriations~~
Act, which provided Act, which provided broad authority to reprogram funding to ICE for detention broad authority to reprogram funding to ICE for detention
costs for aliens prioritized for removal. costs for aliens prioritized for removal.
The provision is included in the FY2022 Act as Section 216.  Section 212 of H.R. 4431 included some additional limitations on the 287(g)  Section 212 of H.R. 4431 included some additional limitations on the 287(g)
program—which delegates certain immigration law enforcement authority to program—which delegates certain immigration law enforcement authority to
local law enforcement—restricting the use of funds for investigations or local law enforcement—restricting the use of funds for investigations or
apprehensions, or continuing a delegation of authority to a community where apprehensions, or continuing a delegation of authority to a community where
certain elements of DHS determine the jurisdiction has violated the civil rights or certain elements of DHS determine the jurisdiction has violated the civil rights or
liberties of an individual who was subsequently the subject of delegated liberties of an individual who was subsequently the subject of delegated
immigration enforcement activity. Section 211 of S. 3058 would have continued immigration enforcement activity. Section 211 of S. 3058 would have continued
the current law restriction of 287(g) delegations, barring their continuation in the current law restriction of 287(g) delegations, barring their continuation in
cases where the DHS Office of Inspector General (OIG) determines that the cases where the DHS Office of Inspector General (OIG) determines that the
terms of the agreement have been materially violatedterms of the agreement have been materially violated. The FY2022 Act maintained the current law restriction in Section 214. .
 Section 217 of the FY2021 act continued to carry forward the conditions of  Section 217 of the FY2021 act continued to carry forward the conditions of
Sections 216 and 217 of the FY2020 Sections 216 and 217 of the FY2020 ~~DHS Appropriations~~ Act (P.L. 116-93, Act (P.L. 116-93,
Division D)—the former was a restriction on the detention or removal of Division D)—the former was a restriction on the detention or removal of
sponsors or potential sponsors of an unaccompanied alien child based on sponsors or potential sponsors of an unaccompanied alien child based on
information provided by the Department of Health and Human Services, which information provided by the Department of Health and Human Services, which
manages the placement process. Section 216 of H.R. 4431 manages the placement process. Section 216 of H.R. 4431 ~~takes~~would have taken a new approach, a new approach,
denying funding to detain or remove denying funding to detain or remove any individual based on information individual based on information
provided to facilitate the sponsorship of an unaccompanied alien child, or on provided to facilitate the sponsorship of an unaccompanied alien child, or on
information gathered in therapy sessions conducted while the child was in the information gathered in therapy sessions conducted while the child was in the
care of the Office of Refugee Resettlement of the Department of Health and care of the Office of Refugee Resettlement of the Department of Health and
Human Services. S. 3058 Human Services. S. 3058 ~~includes~~included the extension of the provisions as previously the extension of the provisions as previously
~~drafted~~drafted, as does Section 218 of the FY2022 Act. .
 Sections 217 and 218 of H.R. 4431 would have directed DHS to take steps to  Sections 217 and 218 of H.R. 4431 would have directed DHS to take steps to
ensure legal assistance for those in DHS custody or in immigration proceedings, ensure legal assistance for those in DHS custody or in immigration proceedings,
and restrict the detention or removal on “any individual who has a demonstrated and restrict the detention or removal on “any individual who has a demonstrated
bona fide or prima facie eligibility for” certain authorities for immigration relief. bona fide or prima facie eligibility for” certain authorities for immigration relief.
S. 3058 S. 3058 ~~does~~did not include those provisions not include those provisions.
, nor did the FY2022 Act.  Section 219 of H.R. 4431 and Section 234 of S. 3058 would have required DHS  Section 219 of H.R. 4431 and Section 234 of S. 3058 would have required DHS
to develop risk classification assessment processes for those subject to detention to develop risk classification assessment processes for those subject to detention
under the Immigration and Naturalization Act. The Senate provision includes under the Immigration and Naturalization Act. The Senate provision includes
detailed direction and a six-month time frame to implement, while the House detailed direction and a six-month time frame to implement, while the House
provision mirrors an interim requirement included in the larger Senate directive provision mirrors an interim requirement included in the larger Senate directive
that requires the development and approval of the process within 30 days, that all that requires the development and approval of the process within 30 days, that all
detainees held more than 14 days go through the process, and that an detainees held more than 14 days go through the process, and that an
“individualized, documented ... determination” on whether their detention should “individualized, documented ... determination” on whether their detention should
be continued be made within a week.be continued be made within a week.
Neither of these provisions was included in the FY2022 Act. 23 P.L. 117-103, Div. J, Sec. 211. Congressional Research Service Congressional Research Service

1415

Department of Homeland Security Appropriations: FY2022

 Section 220 of H.R. 4431 and Section 231 of S. 3058 would have restricted the  Section 220 of H.R. 4431 and Section 231 of S. 3058 would have restricted the
use of funds for ICE’s Homeland Security Investigations personnel to engage in use of funds for ICE’s Homeland Security Investigations personnel to engage in
civil immigration enforcement activities unless there is probable cause that the civil immigration enforcement activities unless there is probable cause that the
individual facing such action committed a criminal offense not related to their individual facing such action committed a criminal offense not related to their
immigration status. immigration status.
Neither of these provisions was included in the FY2022 Act.  Section 221 of H.R. 4431 would have required immigration detainees be paid at  Section 221 of H.R. 4431 would have required immigration detainees be paid at
least the same allowances for work performed as other federally contracted least the same allowances for work performed as other federally contracted
service employees under 41 U.S.C. §6703. S. 3058 service employees under 41 U.S.C. §6703. S. 3058 ~~contains~~contained no similar no similar
requirementrequirement.
~~TSA~~
~~ The Administration requested dropping Section 223 of the FY2021 DHS~~
~~appropriations act from the~~ , and no such provisions were included in the FY2022 Act.  Section 211 of the FY2022 Act was a new provision that continued restrictions on the construction of border fencing in certain areas that were carried in the FY2021 Act.  Section 212 of the FY2022 Act was a new one-time provision that raised the statutory limit on the number of rescue beacons that could be maintained from 170 to 250.  Section 213 of the FY2022 Act was a new provision that provided an additional $100 million for Border Patrol hiring and contractors, retention and relocation incentives, and contract support.  Section 217 of the FY2022 Act was a new provision continuing by reference public reporting by ICE on detentions and Alternatives to Detention program activities required in the FY2020 Act24 with parameter modifications made in the FY2021 Act.25 TSA  The Administration requested dropping Section 223 of the FY2021 Act from the FY2022 iteration. The section was a two-year FY2022 iteration. The section was a two-year
extension of a pilot program for passenger screening outside an existing primary extension of a pilot program for passenger screening outside an existing primary
passenger terminal screening passenger terminal screening area. Both bills dropped it, and it was not included in the FY2022 Act.  Both bills also dropped the former Section 221, which barred the use of funds for TSA ceasing to staff airport sterile area exit points, and it was not included in the FY2022 Act~~area. Both bills dropped it~~. .
USCG
 In the FY2021 DHS Appropriations Act, Section 225 allowed for reprogramming  In the FY2021 DHS Appropriations Act, Section 225 allowed for reprogramming
of up to $10 million in or out of the Military Pay funding category within the of up to $10 million in or out of the Military Pay funding category within the
USCG “Operations and Support” appropriation. With the Administration USCG “Operations and Support” appropriation. With the Administration
proposing a reorganization of the categories within that appropriation, they proposing a reorganization of the categories within that appropriation, they
proposed tweaking the category name. proposed tweaking the category name. While S. 3058 continued with the original provision with the name change, Section 227 of H.R. 4431 Section 227 of H.R. 4431 ~~maintained the~~
~~original authority and~~also provided an additional $10 million in flexibility for provided an additional $10 million in flexibility for
reprogramming within the “Field Operations” subcategories. reprogramming within the “Field Operations” subcategories. ~~S. 3058 continued~~
~~with the original provision.~~
The FY2022 Act included the broader authority as Section 224.  H.R. 4431 dropped three provisions regarding the Coast Guard Operations  H.R. 4431 dropped three provisions regarding the Coast Guard Operations
System Center, the Coast Guard National Vessel Documentation Center, and the System Center, the Coast Guard National Vessel Documentation Center, and the
Coast Guard Civil Engineering Program. S. 3058 continued those provisions as Coast Guard Civil Engineering Program. S. 3058 continued those provisions as
~~Sections 223, 224, and 225.~~
~~ H.R. 4431 included a new Section 236 restricting~~ 24 P.L. 116-93, Division D, Section 218. 25 P.L. 116-260, Division M, Section 216. Congressional Research Service 16 link to page 22 Department of Homeland Security Appropriations: FY2022 Sections 223, 224, and 225, and they appeared in the FY2022 Act as Sections 227, 228, and 229.  H.R. 4431 included a new Section 236 which would have restricted new fees on ~~new fees on~~ inspections of inspections of
certain towing vessels. certain towing vessels.
A similar restriction was included as Section 231 in the FY2022 Act.  S. 3058 included a new Section 233  S. 3058 included a new Section 233 ~~providing~~which would have provided a $50 million a $50 million grant to the National grant to the National
Coast Guard Museum AssociationCoast Guard Museum Association. The section was included in the FY2022 Act as Section 232. .
USSS
No substantive changes were proposed to administrative provisions affecting the USSS No substantive changes were proposed to administrative provisions affecting the USSS, or made in the FY2022 Act. .
Incident Response and Recovery Operational Components
Funding for operational components focused on incident response and recovery is generally Funding for operational components focused on incident response and recovery is generally
found in Title III of the annual DHS appropriations act. It includes funding for FEMA, which has found in Title III of the annual DHS appropriations act. It includes funding for FEMA, which has
the largestthe largest overall budget of any DHS component— budget of any DHS component—anand the most variable appropriated budget largely driven by disaster appropriated budget largely driven by disaster
programs authorized under the Stafford Actprograms authorized under the Stafford Act~~, and an~~. FEMA’s overall budget that also includes overall budget that also includes
nonappropriated funding for the National Flood Insurance Program. Title III also includes nonappropriated funding for the National Flood Insurance Program. Title III also includes
funding for the funding for the ~~newly~~recently restructured Cybersecurity and Infrastructure Security Agency (CISA), restructured Cybersecurity and Infrastructure Security Agency (CISA),
formerly the National Protection and Programs Directorate (NPPD). The reorganization included formerly the National Protection and Programs Directorate (NPPD). The reorganization included
a shift of the FPS from CISA to the Management Directorate, reducing the gross budgetary a shift of the FPS from CISA to the Management Directorate, reducing the gross budgetary
~~resources in this title.~~
~~Congressional Research Service~~

15

~~link to page 20 link to page 22~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~Components and Missions~~
Cybersecurity and Infrastructure Security Agency (CISA): CISA, formerly known as the
~~National Protection and Programs Directorate (NPPD),~~resources in this title. Components and Missions Cybersecurity and Infrastructure Security Agency (CISA): CISA describes itself in its budget documents as describes itself in its budget documents as
“the nation’s risk advisor,” and leading “the Federal Government’s effort to understand, analyze, “the nation’s risk advisor,” and leading “the Federal Government’s effort to understand, analyze,
and manage cyber and physical risk to the Nation’s critical infrastructure.”and manage cyber and physical risk to the Nation’s critical infrastructure.”2226
Federal Emergency Management Agency (FEMA): FEMA leads the federal government’s FEMA leads the federal government’s
efforts to reduce the loss of life and property and protect the United States from all hazards, efforts to reduce the loss of life and property and protect the United States from all hazards,
including natural disasters, acts of terrorism, and other disasters through a risk-based, including natural disasters, acts of terrorism, and other disasters through a risk-based,
comprehensive emergency management system of preparedness, prevention, protection, response, comprehensive emergency management system of preparedness, prevention, protection, response,
recovery, and mitigation.recovery, and mitigation.2327
Table 3 includes a breakdown of budgetary resources for these components controlled through includes a breakdown of budgetary resources for these components controlled through
appropriations legislation. Note that some FY2022 annually appropriated resources were appropriations legislation. Note that some FY2022 annually appropriated resources were
provided for FEMA from outside Title III, by transfer and by appropriation. While appropriations provided for FEMA from outside Title III, by transfer and by appropriation. While appropriations
for FEMA in Title V are included in the table and appropriations totals, the tablefor FEMA in Title V are included in the table and appropriations totals, the table ~~reflects only~~ only reflects the the
impact of transfers in the budgetary resource totals. Aside from transfers, italicized references impact of transfers in the budgetary resource totals. Aside from transfers, italicized references to offsetting collections and the DRF are ~~are~~
for information only and do not contribute to the totals. for information only and do not contribute to the totals.
26 Budget-In-Brief, p. 55. 27 Budget-In-Brief, p. 61. Congressional Research Service 17 link to page 23 link to page 23 Department of Homeland Security Appropriations: FY2022 Table 3. Budgetary Resources for Incident Response and Recovery
Operational Components, FY2021 and FY2022
(budget authority in thousands of dollars) (budget authority in thousands of dollars)

FY2021
FY2022
SAC HAC- Majority~~HAC-~~
~~Component /~~
Reported
~~SAC Majority~~
Draft Component / Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)a
Enacted
CISA

O&S O&S
1,662,066 1,662,066
1,691,520 1,691,520
1,927,750 1,927,750
2,077,585 2,077,585
—1,992,527
PC&I PC&I
353,479 353,479
418,179 418,179
467,167 467,167
530,562 530,562
—590,698
Cybersecurity Cybersecurity Response and —
0
20,000 20,000
20,000 20,000
20,000 20,000
— —
~~Response and~~
Recovery Fund Recovery Fund
R&D R&D
9,431 9,431
3,931 3,931
7,431 7,431
9,931 9,931
—10,431
Total Annual
Discretionary 2,024,976
2,133,630
2,422,348
2,638,078
—
~~Discretionary~~
2,593,656 Appropriations
Supplemental

Appropriations

~~Appropriations~~
O&S (emergency, O&S (emergency,
P.L. 117-58, Div. J) — — — — 0
0
0
0
~~35,000~~
~~P.L. 117-58, Div. J)~~
~~Cybersecurity~~
0
0
0
0
~~20,000~~
~~Response and~~
~~Recovery Fund~~
35,000 Cybersecurity Response and — — — — 20,000 Recovery Fund (emergency, P.L. (emergency, P.L.
117-117-58, Div. J) Mandatory Spending (P.L. 117-2) 650,000 — — — — Total Budgetary Resources 2,674,976 2,133,630 2,422,348 2,638,078 2,648,656 FEMA O&S 1,129,282 1,232,162 1,262,966 1,391,121 1,245,859 PC&I 105,985 188,212 188,212 191,212 209,985 FA 3,294,892 3,302,470 3,525,017 3,496,604 3,633,199 DRF 17,142,000 19,799,000 18,799,000 18,799,000 18,799,000b Disaster relief designation 17,142,000 19,299,000 18,799,000 18,799,000 18,799,000~~58, Div. J)~~

~~22 Budget-In-Brief, p. 55.~~
~~23 Budget-In-Brief, p. 61.~~
~~Congressional Research Service~~

16

~~link to page 22 link to page 22~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~FY2021~~
~~FY2022~~
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
~~Appropriation~~
~~Enacted~~
~~Request~~
~~H.R. 7669~~
Draft (S. 3058)a
~~Enacted~~
~~Mandatory~~
~~650,000~~
0
0
0
0
~~Spending (P.L.~~
~~117-2)~~
~~Total Budgetary~~
~~2,674,976~~
~~2,133,630~~
~~2,422,348~~
~~2,638,078~~
~~55,000~~
~~Resources~~
~~FEMA~~

~~O&S~~
~~1,129,282~~
~~1,232,162~~
~~1,262,966~~
~~1,391,121~~
—
~~PC&I~~
~~105,985~~
~~188,212~~
~~188,212~~
~~191,212~~
—
FA
~~3,294,892~~
~~3,302,470~~
~~3,525,017~~
~~3,496,604~~
—
~~DRF~~
~~17,142,000~~
~~19,299,000~~
~~18,799,000~~
~~18,799,000~~
—
~~Disaster relief~~
~~17,142,000~~
~~18,799,000~~
~~18,799,000~~
~~18,799,000~~
—
~~designation~~
DRF - Climate
0—
500,000
0—
0—
——
DRF base funding
0—
0—
0—
0—
——
National Flood National Flood
Insurance Fund 204,412 204,412
~~204,000~~214,706
204,000 204,000
214,706 214,706
—
~~Insurance Fund~~
214,706 (NFIF) (NFIF)
Radiological Radiological Emergency
34,000 34,000
33,630 33,630
33,630 33,630
33,630 33,630
—
~~Emergency~~
33,630 Preparedness Preparedness
Program (REPP) Program (REPP)
(AP) (AP)
Presidential Presidential
Residence Protection 12,700 12,700
0—
0—
3,000 3,000
—
~~Residence~~
~~Protection~~ 3,000 (Title (Title
V)
~~Total Annual~~
~~4,781,271~~
~~4,960,474~~
~~5,213,825~~
~~5,330,273~~
—
~~Discretionary~~
~~Appropriations~~
~~Offsetting~~
~~-238,412~~
~~-237,630~~
~~—237,630~~
~~-248,336~~
—
V) Emergency Food and Shelter (Title — — — — 150,000 V) Total Annual Discretionary 21,923,271 25,270,180 24,012,825 24,129,273 24,289,379 Appropriations Offsetting Collections (NFIF
~~and REPP)~~
~~Transfers to FA~~
~~25,000~~
~~25,000~~
~~135,000~~
~~20,000~~
—
and REPP) -238,412 -248,336 -237,630 -248,336 -248,336 Transfers to FA from other
~~components~~
~~Supplemental~~

~~Appropriations~~
~~FA (emergency,~~
0
0
0
0
~~1,083,000b~~
~~P.L. 117-43; P.L.~~
~~117-58)~~components 25,000 25,000 135,000 20,000 35,000
Congressional Research Service Congressional Research Service

1718

link to page link to page ~~22 link to page 22~~23 Department of Homeland Security Appropriations: FY2022

FY2021
FY2022
SAC HAC- Majority~~HAC-~~
~~Component /~~
Reported
~~SAC Majority~~
Draft Component / Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)a
Enacted
~~DRF, Major~~
~~2,000,000~~
0
0
0
~~200,000b~~
~~Disasters~~
Supplemental Appropriations FA (emergency, P.L. (emergency, P.L.
~~116-260~~117-43; P.L. — — — — 1,033,000 ~~; P.L.~~ 117-117-
~~58)~~
~~Mandatory~~
~~51,560,000~~
0
0
0
0
~~Spending (P.L.~~

~~117-2)~~
~~Total Budgetary~~
~~75,771,683~~
~~24,047,104~~
~~24,520,455~~
~~24,417,609~~
~~1,283,000~~
~~Resources~~
~~Title III~~
~~6,806,247~~
~~7,094,104~~
~~7,636,173~~
~~7,968,351~~
—
~~Components~~
~~Total Annual~~
~~Appropriations~~
~~Title III~~
~~52,210,000~~
0
0
0
~~1,338,000~~
~~Components~~
~~Total~~
58) DRF, Major Disasters (emergency, 2,000,000 — — — 200,000 P.L. 116-260; P.L. 117-58) DRF (mandatory, P.L. 117-2) 50,000,000 — — — — Total Budgetary Resources 73,948,271 25,295,180 24,147,825 24,149,273 25,557,379 Title III Components Total 23,948,247 27,403,810 26,435,173 26,767,351 26,883,035 Annual Appropriations Title III Components Total 52,650,000 — — — 1,288,000 Supplemental
Appropriations
Title III
~~78,446,659~~
~~26,180,734~~
~~26,942,803~~
~~27,055,687~~
~~1,338,000~~
~~Components~~
~~Projected~~ Components Projected 76,623,247 27,428,810 26,570,173 26,787,351 28,206,035 Total
Gross
~~Budgetary~~
~~Resources~~
Sources: Detail tables in H.Rept. 117-87 and the explanatory statement accompanying the Senate
~~Appropriations Committee majority draft; P.L. 117-43; and P.L. 117-58, Div. J.~~
Notes: All non-total values are drawn from detail tables or legislative text and do not reflect continuing
~~appropriations. “0” reflects a known zero value. “—“ reflects a value yet undetermined by the process. PID =~~
~~Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP =~~
Budgetary Resources Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F, and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-produced draft appropriations bil and explanatory statement released on October 18, 2021. Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations Committee; CISA = Cybersecurity and Infrastructure Security Agency; FEMA = Federal Emergency Management Agency; DRF = Disaster Relief Fund; AP = Administrative Provision. Administrative Provision.
a. While this column is populated with data drawn from the explanatory statement accompanying the Senate a. While this column is populated with data drawn from the explanatory statement accompanying the Senate
Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in
Congress.gov and may be more convenient for readers to reference.Congress.gov and may be more convenient for readers to reference.
b. In addition, P.L. 117-43, §1601, included a cancellation of outstanding debt owed by communities under the b. In addition, P.L. 117-43, §1601, included a cancellation of outstanding debt owed by communities under the
Community Disaster Loan (CDL) program using unobligated resources from the base funding for the DRF. Community Disaster Loan (CDL) program using unobligated resources from the base funding for the DRF.
This is not reflected in the tableThis is not reflected in the table, as it does not represent an appropriation for the CDL program or a as it does not represent an appropriation for the CDL program or a
transfer of new budget authority, but a transfer of previously appropriated resourcestransfer of new budget authority, but a transfer of previously appropriated resources.
~~Title III Administrative Provisions~~
~~There were 11 administrative provisions included in Title III of the FY2021 DHS Appropriations~~
~~Act.24 The following subsections note changes from prior-year administrative provisions.~~
~~CISA~~

~~24 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, on page~~
~~1210. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.~~
~~Congressional Research Service~~

18

~~Department of Homeland Security Appropriations: FY2022~~

~~Several new unrequested administrative provisions pertaining to CISA were included in the~~
~~FY2022 bills:~~
~~ Both bills included a new Section 302 that directs the Under Secretary for~~
within the component. Community Project Funding / Congressionally Directed Spending The FY2022 Act is the first Department of Homeland Security Appropriations Act since FY2010 to include project funding requested by individual Representatives and Senators. The FY2022 Act includes $205 mil ion in additional funding specifically provided for such projects under the Federal Assistance Appropriation for FEMA, divided among three grant programs. According to the FY2022 Act, which provides specific subappropriations for the earmarks by programs, and accompanying explanatory statement, which lists specific projects:  $154 mil ion for 68 projects funded through Pre-disaster Mitigation Grants;  $49 mil ion for 53 projects funded through the Emergency Operations Center Grant Program; and  $150,000 for one project funded through the Nonprofit Security Grant Program. $2 mil ion was included for FEMA’s costs of managing and administering their share of these projects. A complete list of approved projects in the FY2022 DHS Appropriations Act is included in the appropriations committees’ explanatory statement, printed on pages H2422-H2432 of the March 9, 2022, Congressional Record, Part III.  In addition, the House Appropriations Committee provided complete listings of Member requests, projects included in H.R. 4431 and H.Rept. 117-87, and ultimately enacted in P.L. 117-103. The listings can be found Congressional Research Service 19 Department of Homeland Security Appropriations: FY2022 under a tab labeled “Transparency” on the committee website, or linked directly at https://appropriations.house.gov/transparency/fiscal-year-2022.  The Senate Appropriations Committee provided similar information on their website under the “About the Committee” tab or directly at https://www.appropriations.senate.gov/fy-2022-appropriations-requests-and-congressionally-directed-spending. Title III Administrative Provisions There were 11 administrative provisions included in Title III of the FY2021 DHS Appropriations Act.28 The FY2022 Act also included 11. The following subsections note changes from prior-year administrative provisions. CISA Several new unrequested administrative provisions pertaining to CISA were included in the FY2022 bills:  Both bills included a new Section 302 that would have directed the Under Secretary for Management to submit to Congress an unfunded priorities list for Management to submit to Congress an unfunded priorities list for CISA. However, Section 536 of the FY2022 Act continued a prior year requirement for an unfunded priorities list for activities across the department included in the defense budget function29—more than 95% of CISA funding falls into that category, and CISA has 78% of the annual appropriations for DHS that fall into that category~~CISA~~. .
 Both bills included a new Section 303 that  Both bills included a new Section 303 that ~~requires~~would have required a monthly report a monthly report on the status on the status
of resources in the newly created Cyber Response and Recovery of resources in the newly created Cyber Response and Recovery Fund. This provision was not included in the FY2022 Act, as both Fund resources and the reporting requirement were included in P.L. 117-58, Division J.30 ~~Fund.~~
 H.R. 4431 included a new Section 304, which  H.R. 4431 included a new Section 304, which ~~requires~~would have required an annual an annual plan to be plan to be
submitted with the President’s budget request documenting “capability-specific submitted with the President’s budget request documenting “capability-specific
federal civilian executive branch department and agency cybersecurity federal civilian executive branch department and agency cybersecurity
investment requirements.”investment requirements.”2531 S. 3058 included no such provision S. 3058 included no such provision.
~~FEMA~~
~~Most of the administrative provisions in the bills pertain to FEMA.~~, and it was not included in the FY2022 Act.  The FY2022 Act included a new Section 302 which allowed CISA Operations and Support funding to be used to provide access to cybersecurity threat feeds for federal, state, local, tribal, and territorial government entities, fusion centers, and Information Sharing and Analysis Organizations.32 FEMA Most of the administrative provisions in the bills pertain to FEMA. 28 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, p. 1210. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf. 29 This requirement was carried in the FY2021 bill as Section 537. 30 135 Stat. 1385. 31 H.R. 4431, §304(a). 32 Information Sharing and Analysis Organizations (ISAOs) are groups of private and/or public sector organizations that share information on cybersecurity threats and vulnerabilities. Congressional Research Service 20 Department of Homeland Security Appropriations: FY2022
 The Administration proposed continuing and modifying Section 309 of the  The Administration proposed continuing and modifying Section 309 of the
FY2021 DHS Appropriations Act, which allowed previous unobligated FY2021 DHS Appropriations Act, which allowed previous unobligated
appropriations to the National Predisaster Mitigation Fund to be transferred to the appropriations to the National Predisaster Mitigation Fund to be transferred to the
Building Resilient Infrastructure and Communities (BRIC) program. Neither Building Resilient Infrastructure and Communities (BRIC) program. Neither
~~H.R. 4431 nor S. 3058 continued the provision~~bill continued the provision, and it was not included in the FY2022 Act. .
 The Administration also proposed discontinuing Section 311, which provided a  The Administration also proposed discontinuing Section 311, which provided a
limited authority for U.S. territories to receive community disaster loans— limited authority for U.S. territories to receive community disaster loans—
specifically for disasters that occurred in calendar year 2018. Neither H.R. 4431 specifically for disasters that occurred in calendar year 2018. Neither H.R. 4431
nor S. 3058 continued the provisionnor S. 3058 continued the provision, and it was not included in the FY2022 Act. .
 The Administration proposed adding a new provision  The Administration proposed adding a new provision ~~allowing~~ which would have allowed a portion of a portion of
FEMA grant funding to be transferred to FEMA’s “Operations and Support” FEMA grant funding to be transferred to FEMA’s “Operations and Support”
appropriation to conduct evaluations of the effectiveness of grants under the State appropriation to conduct evaluations of the effectiveness of grants under the State
Homeland Security Grant Program and the Urban Area Security Initiative. H.R. Homeland Security Grant Program and the Urban Area Security Initiative. H.R.
4431 did not include the provision, but S. 3058 included this provision as Section 4431 did not include the provision, but S. 3058 included this provision as Section
~~313~~313. The new provision was not included in the FY2022 Act. .
 Both bills included a new section (311 in H.R. 4431, 310 in S. 3058)  Both bills included a new section (311 in H.R. 4431, 310 in S. 3058) ~~to allow a~~
~~portion~~which would have made some of the DRF funding from ARPA (P.L. 117-2) of the DRF funding from ARPA (P.L. 117-2) ~~to be~~ available for the BRIC available for the BRIC
program to mitigate the effects of climate change, and program to mitigate the effects of climate change, and ~~to provide~~provided $14 million to $14 million to
the OIG for oversight of ARPA DRF funding. H.R. 4431 allowed for up to $500 the OIG for oversight of ARPA DRF funding. H.R. 4431 allowed for up to $500
million to go to BRIC, while S. 3058 allowed up to $1 billion. H.R. 4431, in this million to go to BRIC, while S. 3058 allowed up to $1 billion. H.R. 4431, in this
same section, same section, ~~shifts~~would have shifted $500 million of unobligated DRF base funding to pay the $500 million of unobligated DRF base funding to pay the
costs of major disasters.costs of major disasters.
~~ H.R. 4431 includes a new administrative provision increasing~~ These provisions were not included in the FY2022 Act; however, $200 million in FY2022 DRF funding and $800 million in advance appropriations were included in P.L. 117-58, Division J for BRIC.33  H.R. 4431 included a new administrative provision which would have increased the federal cost ~~the federal cost~~
share for a range of Stafford Act programs to 90% for disasters declared or share for a range of Stafford Act programs to 90% for disasters declared or
occurring in calendar year 2020.occurring in calendar year 2020.26
~~ H.R. 4431 also includes a new administrative provision canceling the outstanding~~
34 A broader provision was included as Section 311 of the FY2022 Act which provided similar relief for Stafford Act emergencies or disasters that were declared or occurred in calendar years 2020 or 2021.  H.R. 4431 also included a new administrative provision which would have canceled the outstanding balances on all Community Disaster Loans as of June balances on all Community Disaster Loans as of June 30, 2021.35 The provision was not included in the FY2022 Act; however, P.L. 117-43, Division B, Section 1601 had already canceled the outstanding balances as of September 30, 2021.~~30, 2021.27~~

~~25 H.R. 4431, Section 304(a).~~
~~26 H.R. 4431, §314.~~
~~27 H.R. 4431, §315.~~
~~Congressional Research Service~~

19

~~link to page 24 link to page 26~~ ~~Department of Homeland Security Appropriations: FY2022~~

Support Components
Funding for support components is generally found in Title IV of the annual DHS appropriations Funding for support components is generally found in Title IV of the annual DHS appropriations
bill. The relatively small size of some of these appropriations makes changes in their funding bill. The relatively small size of some of these appropriations makes changes in their funding
appear more significant if expressed on a percentage basis. appear more significant if expressed on a percentage basis.
33 135 Stat. 387. 34 H.R. 4431, §314. 35 H.R. 4431, §315. Congressional Research Service 21 link to page 26 link to page 28 Department of Homeland Security Appropriations: FY2022 Components and Missions
U.S. Citizenship and Immigration Services (USCIS): USCIS manages the U.S. immigration USCIS manages the U.S. immigration
system, administering the laws that govern temporary admission and permanent immigration to system, administering the laws that govern temporary admission and permanent immigration to
the United States.the United States.2836
Federal Law Enforcement Training Center (FLETC): FLETC is a technical training school FLETC is a technical training school
for law enforcement professionals, meeting the basic and specialized training needs of for law enforcement professionals, meeting the basic and specialized training needs of
approximately 100 federal agencies, as well as state and local organizations.approximately 100 federal agencies, as well as state and local organizations.2937
Science and Technology Directorate (S&T): S&T leads and coordinates research, development, S&T leads and coordinates research, development,
testing, and evaluation work for DHS, and supports departmental acquisitions.testing, and evaluation work for DHS, and supports departmental acquisitions.3038
Countering Weapons of Mass Destruction Office (CWMD): CWMD leads DHS’s efforts to CWMD leads DHS’s efforts to
develop and enhance programs and capabilities that defend against weapons of mass destruction, develop and enhance programs and capabilities that defend against weapons of mass destruction,
and includes the Department’s Chief Medical Officer, who serves as the principal advisor to DHS and includes the Department’s Chief Medical Officer, who serves as the principal advisor to DHS
leadership on medical and public health issues.leadership on medical and public health issues.3139
Table 4 includes a breakdown of budgetary resources provided to these components controlled includes a breakdown of budgetary resources provided to these components controlled
through appropriations legislation.through appropriations legislation. ~~Italicized references are for information only and do not~~
~~contribute to the totals.~~
Table 4. Budgetary Resources for Support Components, FY2021 and FY2022
(budget authority in thousands of dollars) (budget authority in thousands of dollars)

FY2021
FY2022
SAC HAC- Majority reported Draft Component / ~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)a
Enacted
USCIS

O&S O&S
117,790 117,790
459,504 459,504
459,504 459,504
459,504 459,504
—389,504
FA FA
10,000 10,000
10,000 10,000
15,000 15,000
20,000 20,000
—20,000
H-2B Returning
0
0
Worker amendment — — 7,000
~~7,000~~
—
~~Worker amendment~~
7,000 — (AP, CHIMP)
Unused Visa
0
0
Rol over (AP, CHIMP) — — 1,000
1,000
—
~~Rollover (AP,~~
~~CHIMP)~~

~~28 Budget-In-Brief, p. 68.~~
~~29 Budget-In-Brief, p. 73.~~
~~30 Budget-In-Brief, p. 77.~~
~~31 Budget-In-Brief, p. 83.~~
~~Congressional Research Service~~

20

~~link to page 26~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~FY2021~~
~~FY2022~~
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
~~Appropriation~~
~~Enacted~~
~~Request~~
~~H.R. 7669~~
Draft (S. 3058)a
~~Enacted~~
~~Total Annual~~
~~127,790~~
~~469,504~~
~~474,504~~
~~479,504~~
—
~~Discretionary~~
~~Appropriations~~
~~(no CHIMPS)~~
~~Fees, Mandatory~~
~~4,931,873~~
~~4,291,280~~
~~4,291,280~~
~~4,721,510~~
—
~~Spending, and~~
~~Trust Funds~~
~~Supplemental~~

~~Appropriations~~
~~Immigration~~
0
0
0
0
~~193,000~~
~~Examination Fee~~
~~Account~~
~~Appropriation~~
~~(Emergency, P.L.~~
~~117-43, §2501)~~
~~Total Budgetary~~
~~5,059,663~~
~~4,760,784~~
~~4,773,784~~
~~5,209,014~~
~~193,000~~
~~Resources~~
~~FLETC~~

~~O&S~~
~~314,348~~
~~322,436~~
~~322,436~~
~~322,436~~
—
~~PC&I~~
~~26,000~~
~~33,200~~
~~33,200~~
~~33,200~~
—
~~Total Annual~~
~~340,348~~
~~355,636~~
~~355,636~~
~~355,636~~
—
~~Discretionary~~
~~Appropriations~~
~~Total Budgetary~~
~~340,348~~
~~355,636~~
~~355,636~~
~~355,636~~
—
~~Resources~~
~~S&T~~

~~O&S~~
~~302,703~~
~~310,590~~
~~310,590~~
~~325,590~~
—
~~PC&I~~
~~18,927~~
~~8,859~~
~~8,859~~
~~12,859~~
—
~~R&D~~
~~443,928~~
~~503,454~~
~~510,954~~
~~530,454~~
—
~~Total~~
~~765,558~~
~~822,903~~
~~830,403~~
~~868,903~~
—
~~Discretionary~~
— Total Annual Discretionary 127,790 469,504 482,504 487,504 409,504 Appropriations Fees, Mandatory Spending, and Trust 4,931,873 4,291,280 4,291,280 4,721,510 4,822,137 Funds Supplemental Appropriations Immigration Examination Fee Account — — — — 193,000 Appropriation (Emergency, P.L. 117-43, §2501) Total Budgetary Resources 5,059,663 4,760,784 4,773,784 5,209,014 5,424,641 36 Budget-In-Brief, p. 68. 37 Budget-In-Brief, p. 73. 38 Budget-In-Brief, p. 77. 39 Budget-In-Brief, p. 83. Congressional Research Service 22 link to page 28 Department of Homeland Security Appropriations: FY2022 FY2021 FY2022 SAC HAC- Majority reported Draft Component / Appropriation Enacted Request H.R. 7669 (S. 3058)a Enacted FLETC O&S 314,348 322,436 322,436 322,436 322,436 PC&I 26,000 33,200 33,200 33,200 33,200 Total Annual Discretionary 340,348 355,636 355,636 355,636 355,636 Appropriations Total Budgetary Resources 340,348 355,636 355,636 355,636 355,636 S&T O&S 302,703 310,590 310,590 325,590 330,590 PC&I 18,927 8,859 8,859 12,859 12,859 R&D 443,928 503,454 510,954 530,454 542,954 Total Discretionary 765,558 822,903 830,403 868,903 886,403 Appropriations Supplemental Appropriations~~Appropriations~~
~~Supplemental~~

~~Appropriations~~
R&D (Emergency, R&D (Emergency,
P.L. 117-58) — — — — 0
0
0
0
157,500 157,500
~~P.L. 117-58)~~
Total Budgetary
Resources 765,558
822,903
830,403
868,903
~~157,500~~
~~Resources~~
~~CWMD~~

1,043,903 CWMD O&S O&S
179,892 179,892
157,200 157,200
162,200 162,200
171,750 171,750
—176,750
PC&I PC&I
87,413 87,413
71,604 71,604
76,604 76,604
71,604 71,604
—76,604
R&D R&D
65,309 65,309
65,709 65,709
65,709 65,709
65,709 65,709
—
~~Congressional Research Service~~

21

~~link to page 26~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~FY2021~~
~~FY2022~~
~~HAC-~~
~~Component /~~
~~Reported~~
~~SAC Majority~~
~~Appropriation~~
~~Enacted~~
~~Request~~
~~H.R. 7669~~
Draft (S. 3058)a
~~Enacted~~65,709
FA FA
69,663 69,663
132,948 132,948
132,948 132,948
132,948 132,948
—132,948
Total Discretionary
402,277
427,461
437,461
442,011
—
~~Discretionary~~
452,011 Appropriations
Total Budgetary
Resources 402,277
427,461
437,461
442,011
—
~~Resources~~452,011
Title IV Components Total
1,635,973
2,075,504
2,~~098~~106,004
2,~~146~~154,054 2,103,554 ~~,054~~
—
~~Components~~
~~Total~~ Annual
Discretionary
Appropriations
Title IV Components Total — — — —
0
0
0
0
350,500
~~Components~~
~~Total~~
Supplemental
Appropriations
Title IV
Components Projected 6,567,846
6,366,784
6,397,284
6,875,564
~~350,500~~
~~Components~~
~~Projected~~ 7,276,191 Total
Gross
Budgetary
~~Resources~~
Sources: Detail tables in H.Rept. 117-87 and the explanatory statement accompanying the Senate
~~Appropriations Committee majority draft; P.L. 117-43; and P.L. 117-58, Div. J.~~
Notes: All non-total values are drawn from detail tables or legislative text and do not reflect continuing
~~appropriations. “0” reflects a known zero value. “—“ reflects a value yet undetermined by the process. PID =~~
~~Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP =~~
Resources Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F, and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-produced draft appropriations bil and explanatory statement released on October 18, 2021. Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations Committee; USCIS = U.S. Citizenship and Immigration Services; FLETC = Federal Law Enforcement Training Center; S&T = Science and Technology Directorate; CWMD = Office of Countering Weapons of Mass Destruction; AP = Administrative Provision; CHIMP = Change in Mandatory Program, which results in a charging back of a Administrative Provision; CHIMP = Change in Mandatory Program, which results in a charging back of a
provision’s budgetary effect to the bil . provision’s budgetary effect to the bil .
Congressional Research Service 23 Department of Homeland Security Appropriations: FY2022 a. While this column is populated with data drawn from the explanatory statement accompanying the Senate a. While this column is populated with data drawn from the explanatory statement accompanying the Senate
Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in
Congress.gov and may be more convenient for readers to reference. Congress.gov and may be more convenient for readers to reference.
Title IV Administrative Provisions
There were seven administrative provisions included in Title IV of the FY2021 DHS There were seven administrative provisions included in Title IV of the FY2021 DHS
Appropriations Act.Appropriations Act.3240 Eight were included in the FY2022 Act.
USCIS
 The Administration proposed a new provision  The Administration proposed a new provision ~~to allow~~which would have allowed funds ~~funds~~ made available to made available to
USCIS to be used for collection and use of biometrics taken at certain facilities USCIS to be used for collection and use of biometrics taken at certain facilities
overseen virtually by USCIS personnel using appropriate technology. This overseen virtually by USCIS personnel using appropriate technology. This
provision was included provision was included ~~as Section 404 in~~in both H.R. 4431 and S. 3058, and was included as Section 404 of the FY2022 Act.  The Administration proposed a new provision which would have allowed $2,500 ~~H.R. 4431 and Section 408 in S. 3058.~~

~~32 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, on page~~
~~1217. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.~~
~~Congressional Research Service~~

22

~~Department of Homeland Security Appropriations: FY2022~~

~~ The Administration proposed a new provision allowing $2,500 in fee revenues to~~
in fee revenues to be used for official reception and representation expenses. Neither H.R. 4431 nor be used for official reception and representation expenses. Neither H.R. 4431 nor
S. 3058 included this S. 3058 included this ~~provision.~~
~~ Both bills included a new provision that would increase the overall level of~~
administrative provision, although a similar proviso was included in the USCIS Operations and Support appropriation in H.R. 4431, allowing up to $10,000 of appropriated funds to be used for this purpose. The FY2022 Act included a similar appropriations proviso that allowed $2,500 to be used thusly.  Both bills included a new provision which would have increased the overall level of family-sponsored immigrants and employment-based immigrants by the number family-sponsored immigrants and employment-based immigrants by the number
of unused visas authorized under current law for FY2020 and FY2021. The new of unused visas authorized under current law for FY2020 and FY2021. The new
section, which also section, which also ~~includes~~included direction on the allocation and management of the direction on the allocation and management of the
additional visas, additional visas, ~~appears~~appeared as Section 409 in H.R. 4431 and Section 414 in S. 3058 as Section 409 in H.R. 4431 and Section 414 in S. 3058. The provision was not included in the FY2022 Act. .
 Both bills included a new provision  Both bills included a new provision ~~that allows~~which would have allowed diversity visas to diversity visas to be issued to be issued to
individuals denied such visas under several executive orders under the Trump individuals denied such visas under several executive orders under the Trump
Administration. This provision was added to H.R. 4431 as Section 410 by Administration. This provision was added to H.R. 4431 as Section 410 by
amendment in full committee markup on a voice vote. It amendment in full committee markup on a voice vote. It iswas included in S. 3058 as included in S. 3058 as
Section Section ~~414~~415. The provision was not included in the FY2022 Act. .
 Both bills included a new provision that  Both bills included a new provision that ~~allows~~would have allowed the Secretary of the Secretary of DHS to make DHS to make
additional H-2B visas available. This provision was added to H.R. 4431 as additional H-2B visas available. This provision was added to H.R. 4431 as
Section 411 by amendment in full committee markup on a voice vote. It Section 411 by amendment in full committee markup on a voice vote. It is
was included in S. 3058 as Section 413. The provision was not included in the FY2022 Department of Homeland Security Appropriations Act, but this authority was provided for in the FY2022 continuing resolution by its reference in Section 105 to Division O of P.L. 116-260.41 Section 204 of Division O of the Consolidated Appropriations Act, 2022 is identical to the provision in question~~included in S. 3058 as Section 413~~. .
 A new provision  A new provision iswas included in H.R. 4431 that included in H.R. 4431 that ~~allows~~would have allowed the H-2A the H-2A visa program to visa program to
be used for agricultural jobs that are not temporary or seasonal. This provision be used for agricultural jobs that are not temporary or seasonal. This provision
~~was added as Section 412 by amendment in full committee~~ was added as Section 412 by amendment in full committee 40 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, p. 1217. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf. 41 DHS exercised the authority to make available 20,000 additional visas on December 20, 2021. See https://www.dhs.gov/news/2021/12/20/first-time-dhs-supplement-h-2b-cap-additional-visas-first-half-fiscal-year. Congressional Research Service 24 Department of Homeland Security Appropriations: FY2022 markup on a voice markup on a voice
vote. It vote. It iswas not included in S. 3058 not included in S. 3058. The provision was not included in the FY2022 Act. .
FLETC
 The Administration proposed continuing and modifying Section 406 of the  The Administration proposed continuing and modifying Section 406 of the
FY2021 DHS Appropriations Act, which FY2021 DHS Appropriations Act, which ~~allows~~in the past has allowed FLETC to accept transfers from FLETC to accept transfers from
other federal agencies requesting the construction of special facilities, butother federal agencies requesting the construction of special facilities, but ~~that~~
~~FLETC would~~ maintain administrative control and ownership of the new maintain administrative control and ownership of the new
facilities. The modification would facilities. The modification would ~~specify~~have specified that permissible transfers would that permissible transfers would
include include USCIS fee revenues. The provision, but not the modification, was included in the FY2022 Act as Section 407~~USCIS fee revenues~~. .
Headquarters Components
Funding for headquarters components is traditionally found in Title I of the annual DHS Funding for headquarters components is traditionally found in Title I of the annual DHS
appropriations act, although some initiatives have been funded in the past through general appropriations act, although some initiatives have been funded in the past through general
provisions. provisions.
Components and Missions
Office of the Secretary and Executive Management (OSEM): OSEM “provides central OSEM “provides central
leadership, management, direction, and oversight” for all DHS components.leadership, management, direction, and oversight” for all DHS components.3342
Departmental Management Directorate (~~MGMT34):~~MGMT):43 MGMT provides DHS-wide mission MGMT provides DHS-wide mission
support services and oversight for a broad range of functions, including support services and oversight for a broad range of functions, including
 information technology (through the Office of the Chief Information Officer);  information technology (through the Office of the Chief Information Officer);

~~33 Budget-In-Brief, p. 10.~~
~~34 This is DHS’s acronym of choice for this component.~~
~~Congressional Research Service~~

23

~~link to page 29~~ ~~Department of Homeland Security Appropriations: FY2022~~

 budget and financial management (through the Office of the Chief Financial  budget and financial management (through the Office of the Chief Financial
Officer); Officer);
 procurement and acquisition (through the Office of the Chief Procurement  procurement and acquisition (through the Office of the Chief Procurement
Officer and Office of Program Accountability and Risk Management); Officer and Office of Program Accountability and Risk Management);
 human capital (through the Office of the Chief Human Capital Officer);  human capital (through the Office of the Chief Human Capital Officer);
 security (through the Office of the Chief Security Officer);  security (through the Office of the Chief Security Officer);
 logistics and facilities (through the Office of the Chief Readiness Support  logistics and facilities (through the Office of the Chief Readiness Support
Officer); Officer);
 law enforcement and security services for federal buildings (through the Federal  law enforcement and security services for federal buildings (through the Federal
Protective Service); and Protective Service); and
 biometric identity services (through the Office of Biometric Identity  biometric identity services (through the Office of Biometric Identity
Management). Management).3544
Intelligence, Analysis, and Operations Coordination (A&O): A&O covers two separate A&O covers two separate offices: 42 Budget-In-Brief, p. 10. 43 This is DHS’s acronym of choice for this component. 44 Budget-In-Brief, p.10. Together, the Office of the Secretary and Executive Management (OSEM) and the Departmental Management Directorate (MGMT) sometimes are referred to as Departmental Management and Operations (DMO). Congressional Research Service 25 link to page 30 link to page 31 Department of Homeland Security Appropriations: FY2022 ~~offices:~~
 The Office of Intelligence and Analysis (I&A), which “analyzes intelligence and  The Office of Intelligence and Analysis (I&A), which “analyzes intelligence and
information about homeland security threats and serves as the interface between information about homeland security threats and serves as the interface between
the intelligence community, [nonfederal government partners], and private sector the intelligence community, [nonfederal government partners], and private sector
partners on homeland security intelligence and information”;partners on homeland security intelligence and information”;3645 and and
 The Office of Operations Coordination (OPS), which provides “operations  The Office of Operations Coordination (OPS), which provides “operations
coordination, information sharing, situational awareness, common operating coordination, information sharing, situational awareness, common operating
picture, Department continuity, and decision support in order to enable the picture, Department continuity, and decision support in order to enable the
execution of the Secretary’s responsibilities across the [homeland security execution of the Secretary’s responsibilities across the [homeland security
enterprise].”enterprise].”3746
Office of Inspector General (OIG): The OIG is an independent, objective audit, inspection, and The OIG is an independent, objective audit, inspection, and
investigative body that reports to the Secretary and to Congress on DHS efficiency and investigative body that reports to the Secretary and to Congress on DHS efficiency and
effectiveness, and works to prevent waste, fraud, and abuse.effectiveness, and works to prevent waste, fraud, and abuse.3847
Table 5 provides a breakdown of the budgetary resources provided to these components provides a breakdown of the budgetary resources provided to these components
controlled through appropriations legislation. The table controlled through appropriations legislation. The table ~~reflects only~~only reflects the impact of transfers in the budgetary resource totals, and only in cases where the bill provides for a specific amount. Aside from transfers, italicized references are for information only and do not contribute to the totals.48 ~~the impact of transfers in the~~
~~budgetary resource totals. Aside from transfers, italicized references are for information only and~~
~~do not contribute to the totals.39~~

~~35 Budget-In-Brief, p.10. Together, the Office of the Secretary and Executive Management (OSEM) and the~~
~~Departmental Management Directorate (MGMT) are sometimes referred to as Departmental Management and~~
~~Operations (DMO).~~
~~36 Budget-In-Brief, p. 16.~~
~~37 Budget-In-Brief, p. 16.~~
~~38 Budget-In-Brief, p. 20.~~
~~39 At times the DHS OIG receives transfers that are described as percentages of totals, transfers up to a certain amount,~~
~~or permissive (“may” as opposed to “shall” transfer). Those are not included in this table or the calculations in this~~
~~report.~~
~~Congressional Research Service~~

24

~~link to page 30~~ ~~Department of Homeland Security Appropriations: FY2022~~

Table 5. Budgetary Resources for Headquarters Components, FY2021 and FY2022
(budget authority in thousands of dollars) (budget authority in thousands of dollars)

FY2020
FY2021
SAC HAC- Majority~~HAC-~~
~~Component /~~
reported
~~SAC Majority~~
Draft Component / Appropriation
Enacted
Request
H.R. 7669
~~Draft~~ (S. 3058)a
Enacted
OSEM

O&S O&S
180,819 180,819
224,747 224,747
233,153 233,153
221,555 221,555
—236,053
FA FA
25,000 25,000
25,000 25,000
35,000 35,000
20,000 20,000
—35,000
Transfer to FEMA
-(25,000)
-(25,000)
-(35,000)
-(20,000)
—(35,000)
Total Annual Discretionary
205,819
249,747
268,153
241,555
—271,053
Appropriations
Supplemental
Appropriations

~~Appropriations~~
O&S (emergency, P.L. O&S (emergency, P.L.
117-70, Div. B) — — — — 0
0
0
0
~~147,456~~
~~117-70, Div. B)~~
~~Total Budgetary~~ 147,456 Total Budgetary Resources (after
180,819
224,747
233,153
221,555
~~147.456~~
~~Resources (after~~
383,509 transfer)
MGMT

O&S O&S
1,398,162 1,398,162
1,653,553 1,653,553
1,653,553 1,653,553
1,658,553 1,658,553
—1,637,009
PC&I PC&I
214,795 214,795
396, 396,~~371~~816
511,816 511,816
346,371 346,371
—
~~FPS~~
~~1,588,748~~
~~1,625,000~~
~~1,625,000~~
~~1,625,000~~
—
~~Total Annual~~
~~3,201,705~~
~~3,674,924~~
~~3,790,369~~
~~3,629,924~~
—
~~Discretionary~~
~~Appropriations~~
~~Offsetting Collections (FPS)~~
~~-1,588,748~~
~~-1,625,000~~
~~-1,625,000~~
~~-1,625,000~~
—
~~Total Budgetary~~
~~3,201,705~~
~~3,674,924~~
~~3,790,369~~
~~3,629,924~~
—
~~Resources~~
~~A&O~~

~~O&S~~
~~298,500~~
~~320,620~~
~~320,620~~
~~320,620~~
—
~~Total Discretionary~~
~~298,500~~
~~320,620~~
~~320,620~~
~~320,620~~
—
~~Appropriations~~
~~Total Budgetary~~
~~298,500~~
~~320,620~~
~~320,620~~
~~320,620~~
—
~~Resources~~
~~OIG~~

~~O&S~~
~~190,186~~
~~205,359~~
~~205,359~~
~~205,359~~
—
~~Total Discretionary~~
~~190,186~~
~~205,359~~
~~205,359~~
~~205,359~~
—
~~Appropriations~~
~~Total Budgetary~~
~~190,186~~
~~205,359~~
~~205,359~~
~~205,359~~
—
~~Resources~~
~~Congressional Research Service~~

25

~~link to page 30~~ ~~Department of Homeland Security Appropriations: FY2022~~

~~FY2020~~
~~FY2021~~
~~HAC-~~
~~Component /~~
~~reported~~
~~SAC Majority~~
~~Appropriation~~
~~Enacted~~
~~Request~~
~~H.R. 7669~~
Draft (S. 3058)a
~~Enacted~~
~~Title I Components~~
~~3,896,210~~
~~4,450,650~~
~~4,584,501~~
~~4,397,458~~
—
~~Total Annual~~
491,816 PC&I (emergency funding, Title V) — — — — 49,500 45 Budget-In-Brief, p. 16. 46 Budget-In-Brief, p. 16. 47 Budget-In-Brief, p. 20. 48 At times, the DHS OIG receives transfers that are described as percentages of totals, transfers up to a certain amount, or permissive (“may” as opposed to “shall” transfer). Those are not included in this table or the calculations in this report. Congressional Research Service 26 link to page 31 link to page 31 Department of Homeland Security Appropriations: FY2022 FY2020 FY2021 SAC HAC- Majority reported Draft Component / Appropriation Enacted Request H.R. 7669 (S. 3058)a Enacted FPS 1,588,748 1,653,384 1,625,000 1,625,000 1,653,384 Total Annual Discretionary 3,201,705 3,703,753 3,790,369 3,629,924 3,912,709 Appropriations Offsetting Collections (FPS) 1,588,748 1,653,384 1,625,000 1,625,000 1,653,384 Total Budgetary Resources 3,201,705 3,703,753 3,790,369 3,629,924 3,962,209 IA&O O&S 298,500 320,620 320,620 320,620 298,171 Total Annual Discretionary 298,500 320,620 320,620 320,620 298,171 Appropriations Total Budgetary Resources 298,500 320,620 320,620 320,620 298,171 OIG O&S 190,186 205,359 205,359 205,359 205,359 Total Annual Discretionary 190,186 205,359 205,359 205,359 205,359 Appropriations Supplemental Appropriations O&S (emergency, by transfer) — — — — * b Total Budgetary Resources 190,186 205,359 205,359 205,359 205,359 Title I Components Total Annual 3,896,210 4,479,479 4,584,501 4,397,458 4,687,292 Discretionary
Appropriations
Title I Components
Total — 0
0—
0—
0—
147,456
~~Total~~ Supplemental
Appropriations
Title I Components
Projected 3,871,210
4,~~425,650~~454,479
4,549,501
4,377,458
~~147,456~~
~~Projected~~ 4,849,248 Total
Gross Budgetary
~~Resources~~
Sources: Detail tables in H.Rept. 117-87 and the explanatory statement accompanying the Senate
~~Appropriations Committee majority draft; P.L. 117-43; P.L. 117-58, Div. J, and P.L. 117-70, Div. B.~~
Notes: All non-total values are drawn from detail tables or legislative text and do not reflect continuing
~~appropriations. “0” reflects a known zero value. “—” reflects a value yet undetermined by the process. PID =~~
~~Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP =~~
~~Administrative Provision~~Resources Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F, and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-produced draft appropriations bil and explanatory statement released on October 18, 2021. Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations Committee; OSEM = Office of the Secretary and Executive Management; MD = Management Directorate; A&O = Intelligence, Analysis, and Operations Coordination; OIG = Office of the Inspector General. .
a. While this column is populated with data drawn from the explanatory statement accompanying the Senate a. While this column is populated with data drawn from the explanatory statement accompanying the Senate
Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in Appropriations Committee majority draft, S. 3058 is identical to that draft and, unlike the draft, appears in
Congress.gov and may be more convenient for readers to referenceCongress.gov and may be more convenient for readers to reference. b. Section 501 of P.L. 117-58, Division J provided that 0.25% of the appropriations that become available from that measure in a given fiscal year shall be transferred to the DHS OIG for oversight activities. For FY2022 this would translate into roughly $7.7 mil ion. .
Title I Administrative Provisions
There were six administrative provisions included in Title I of the FY2021 DHS Appropriations There were six administrative provisions included in Title I of the FY2021 DHS Appropriations
Act. The Administration proposed repeating all of them in the FY2022 bill: Act. The Administration proposed repeating all of them in the FY2022 bill:
Congressional Research Service 27 Department of Homeland Security Appropriations: FY2022  Section 101—requiring an OIG report on all grants and contracts awarded by any  Section 101—requiring an OIG report on all grants and contracts awarded by any
means other than a full and open competition; means other than a full and open competition;
 Section 102—requiring monthly budget and staffing reports to the appropriations  Section 102—requiring monthly budget and staffing reports to the appropriations
committees from the chief financial officer; committees from the chief financial officer;
 Section 103—requiring all DHS contracts that have award fees to link them to  Section 103—requiring all DHS contracts that have award fees to link them to
“successful acquisition outcomes”; “successful acquisition outcomes”;
 Section 104—requiring committee notification of all transfers from the Treasury  Section 104—requiring committee notification of all transfers from the Treasury
Forfeiture Fund to any DHS agency; Forfeiture Fund to any DHS agency;
 Section 105—requiring government aircraft travel costs for DHS personnel  Section 105—requiring government aircraft travel costs for DHS personnel
supporting the Secretary and Deputy Secretary be paid for by the Office of the supporting the Secretary and Deputy Secretary be paid for by the Office of the
Secretary; Secretary;
 Section 106—extending a requirement for reporting on visa overstays and border  Section 106—extending a requirement for reporting on visa overstays and border
security metrics first established in Section 107 of the DHS Appropriations Act, security metrics first established in Section 107 of the DHS Appropriations Act,
2018 (P.L. 115-141, Division F). 2018 (P.L. 115-141, Division F).
~~The House committee-reported bill suggested modifying the initial due date in Section 101 from~~
Both bills proposed dropping Section 106, and that section was not included in the FY2022 Act. Section 101 in H.R. 4431 included a modification in the initial due date from October 15 to 15 October 15 to 15 days after enactment. In the FY2022 Act, the due date remained unmodified. Several new administrative provisions were added. H.R. 4431 included a new Section 106~~days after enactment. The House bill also proposed adding two new sections:~~
~~Congressional Research Service~~

26

~~Department of Homeland Security Appropriations: FY2022~~

~~one~~ requiring a quarterly progress report requiring a quarterly progress report to the appropriations committees on major acquisition on major acquisition ~~programs40 for DHS, and the other~~
~~requiring reporting~~programs49 for DHS. The requirement would have covered all acquisition programs costing more than $300 million over their lifecycle on the DHS Master Acquisition Oversight List.50 All such programs from the point that a program manager has begun to review approaches to meeting a capability need to full operational capability were to be included, including those programs removed from the list in the preceding quarter. S. 3058 included no such provision, but a markedly similar provision requiring quarterly briefings with similar parameters was included as Section 106 in the FY2022 Act. It also required the Under Secretary for Management to submit each approved acquisition decision memorandum for the programs covered by this section to the appropriations committees no later than five days after their approval. H.R. 4431 included a new Section 107 that would have required reporting from the DHS Secretary to the appropriations committees before undertaking pilot or demonstration to the appropriations committees before undertaking pilot or demonstration
~~projects.~~
~~Both bills proposed dropping Section 106, but otherwise, S. 3058 included no substantive~~
~~changes to these administrative provisions.~~projects. S. 3058 included no such provision, but Section 107 of the FY2022 Act mirrored the provision from H.R. 4431, except with the reporting requirement falling to the Under Secretary for Management. Section 108 of the FY2022 Act was a new provision which clarified that supplemental funding to OSEM in P.L. 117-70 could be used to reimburse airports and airport operators for activities directly and demonstrably related to Operation Allies Welcome. 49 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special management attention because of its: (1) importance to an agency’s mission; (2) high development, operating, or maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency’s programs, finances, property, or other resources.” 50 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management. Congressional Research Service 28 Department of Homeland Security Appropriations: FY2022
General Provisions
As noted earlier, the fifth title of the annual DHS appropriations act contains general provisions As noted earlier, the fifth title of the annual DHS appropriations act contains general provisions
(GPs), the impact of which may reach across the government, apply to the entire department, (GPs), the impact of which may reach across the government, apply to the entire department,
affect multiple components, or focus on a single activity. The FY2021 DHS Appropriations Act affect multiple components, or focus on a single activity. The FY2021 DHS Appropriations Act
included 42 such general provisions, including two provisions providing additional appropriations included 42 such general provisions, including two provisions providing additional appropriations
and two providing rescissions—cancellations of previously provided budget authority that offset and two providing rescissions—cancellations of previously provided budget authority that offset
the overall cost of the bill.the overall cost of the bill.
The FY2022 Act included 48 general provisions. Most general provisions remain functionally unchanged from year to year, providing guidance to Most general provisions remain functionally unchanged from year to year, providing guidance to
DHS or structure to DHS appropriations with little more than updates to effective dates or DHS or structure to DHS appropriations with little more than updates to effective dates or
amounts. The following descriptions focus on substantive changes proposed by the amounts. The following descriptions focus on substantive changes proposed by the
Administration in its budget request, and differences between the House and Senate positions that Administration in its budget request, and differences between the House and Senate positions that
were under development. were under development.
Administration Proposals
The Administration proposed dropping the following eight provisionsThe Administration proposed dropping the following eight provisions from the FY2021 Act: :
 Section 515, which prohibited department officials delegating responsibilities  Section 515, which prohibited department officials delegating responsibilities
given to them by the DHS Appropriations Act unless specifically given the given to them by the DHS Appropriations Act unless specifically given the
authority to do so. authority to do so. (Both H.R. 4431 and S. 3058 continued this provisionBoth H.R. 4431 and S. 3058 continued this provision, as did the FY2022 Act, as Section 515..)
 Section 516, which restricted the use of funds to transfer or release into the  Section 516, which restricted the use of funds to transfer or release into the
United States any of the detainees at Guantanamo Bay. United States any of the detainees at Guantanamo Bay. (Both H.R. 4431 and S. Both H.R. 4431 and S.
3058 dropped this provision.3058 dropped this provision.) The FY2022 Act included this provision as section 540.
 Section 530, which funded reimbursement for extraordinary costs of law  Section 530, which funded reimbursement for extraordinary costs of law
enforcement and other emergency personnel for protection activities directly enforcement and other emergency personnel for protection activities directly
associated with a residence of the President. associated with a residence of the President. (H.R. 4431 dropped this provision; H.R. 4431 dropped this provision;
S. 3058 continued the provision, S. 3058 continued the provision, ~~providing~~and would have provided $3.0 million—down from $12.7 $3.0 million—down from $12.7
million in FY2021.million in FY2021.) The FY2022 Act continued this provision as Section 528, and provided $3 million.
 Section 536, which required the Administration, in the event that it provided a  Section 536, which required the Administration, in the event that it provided a
budget that included fee revenues not currently authorized in law, to provide budget that included fee revenues not currently authorized in law, to provide
proposals for reductions in discretionary spending to compensate for the lack of proposals for reductions in discretionary spending to compensate for the lack of
such fees. such fees. (H.R. 4431 dropped this provisionH.R. 4431 dropped this provision;. S. 3058 continued S. 3058 continued ~~the provision.41)~~it,51 as did the FY2022 Act.52
 Section 537, which required the Administration  Section 537, which required the Administration to provide an unfunded priorities provide an unfunded priorities
list for DHS for programs funded with defense discretionary appropriations. list for DHS for programs funded with defense discretionary appropriations.
(While the general provision requiring the list was dropped from both bills, While the general provision requiring the list was dropped from both bills, an

~~40 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special~~
~~management attention because of its: (1) importance to an agency’s mission; (2) high development, operating, or~~
~~maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency’s programs,~~
~~finances, property, or other resources.”~~
~~41 S. 3058, §534.~~
~~Congressional Research Service~~

27

~~Department of Homeland Security Appropriations: FY2022~~

~~administrative provision in each bill requires such a list to be provided by~~
~~CISA,42 and the draft Senate committee majority explanatory statement directs~~
~~the USCG to provide one as well.43)~~as noted above, an administrative provision in each bill would have required such a list to be provided by CISA,53 and the draft Senate committee majority explanatory statement would have directed the USCG to provide one as well.54 51 S. 3058, §534. 52 P.L. 117-103, Division F, §534. 53 H.R. 4431, §302; S. 3058, §302. 54 Senate Appropriations Committee, “Explanatory Statement for the Homeland Security Appropriations Bill, 2022,” Congressional Research Service 29 Department of Homeland Security Appropriations: FY2022 The FY2022 Act included a slightly modified version of the FY2021 provision as Section 536, with the reporting responsibility falling to the Under Secretary for Management.
 Section 538, which provided for a one-time transfer of unobligated balances from  Section 538, which provided for a one-time transfer of unobligated balances from
FY2020 to fund an electronic health records system for the department. FY2020 to fund an electronic health records system for the department. (Both Both
H.R. 4431 and S. 3058 dropped this provisionH.R. 4431 and S. 3058 dropped this provision, and the FY2022 Act did not include it..)
 Section 541, which provided $840 million in emergency funding to make up for  Section 541, which provided $840 million in emergency funding to make up for
shortfalls in customs and immigration inspection fees. shortfalls in customs and immigration inspection fees. (Both H.R. 4431 and S. Both H.R. 4431 and S.
3058 dropped this provision.3058 dropped this provision.) However, $650 million in discretionary appropriations was provided in Section 542 for this same end in the FY2022 Act.
 Section 542, which required reporting on decisions to provide or terminate  Section 542, which required reporting on decisions to provide or terminate
federal protection for any former or retired government official, including federal protection for any former or retired government official, including
information on threat assessment, scope, cost, and duration. information on threat assessment, scope, cost, and duration. (H.R. 4431 dropped H.R. 4431 dropped
this provisionthis provision;, but S. 3058 continued the provision. S. 3058 continued the provision.~~44)~~55 Section 537 of the FY2022 Act expanded the notification requirement, and required an additional report on protected officials, and the scope and associated costs of protection.
The Administration proposed modifying the following provisions: The Administration proposed modifying the following provisions:
 Section 523, which restricted large-scale DHS attendance at international  Section 523, which restricted large-scale DHS attendance at international
conferences. The proposed modification would conferences. The proposed modification would ~~allow~~have allowed virtual attendance that virtual attendance that
would not involve travel away from the DHS employee’s permanent duty station would not involve travel away from the DHS employee’s permanent duty station
to not count against the limits imposed by the section. to not count against the limits imposed by the section. (Both H.R. 4431 and S. Both H.R. 4431 and S.
3058 included this modification3058 included this modification, as did the FY2022 Act in Section 522..)
 Section 525, which restricted obligating funds for structural pay reform without  Section 525, which restricted obligating funds for structural pay reform without
certain reporting. The modification would certain reporting. The modification would ~~allow~~have allowed for obligations in cases where for obligations in cases where
the reform has been justified in a budget request and subsequently enacted by the reform has been justified in a budget request and subsequently enacted by
Congress. Congress. (Both H.R. 4431 and S. 3058 included a similar modificationBoth H.R. 4431 and S. 3058 included a similar modification~~, with~~
. H.R. H.R. 4431 would have allowed~~4431 allowing for~~ such obligations if the proposal was in the budget request such obligations if the proposal was in the budget request
and not specifically restricted in the and not specifically restricted in the current appropriations act or its accompanying explanatory act or its accompanying explanatory
statement.statement.) Section 524 of the FY2022 Act included a restriction similar to the House provision, broadened to include new position classifications as well.
 Sections 539 and 540, which listed amounts and accounts for rescissions of prior-  Sections 539 and 540, which listed amounts and accounts for rescissions of prior-
year appropriations. The Administration proposed an updated list of rescissions. year appropriations. The Administration proposed an updated list of rescissions.
(Although the accounts and amounts differed in some cases, both H.R. 4431 and Although the accounts and amounts differed in some cases, both H.R. 4431 and
S. 3058 included a single S. 3058 included a single ~~provision~~section each with rescissions.56 The FY2022 Act included several sections with rescissions: o Section 544 rescinded $130.5 million in unobligated balances for CBP appropriations for facility construction and improvements, and reappropriated them to the Management Directorate for development of two ~~with rescissions.)45~~
~~The Administration proposed adding the following three provisions:~~
~~ A provision authorizing DHS to deploy any of its resources to deal with a rise in~~
~~the number of undocumented migrants at the southwest border, without~~
~~reimbursement between components. (This provision was not included in either~~
~~bill.)~~
~~ A provision allowing the use of any funds made available for immigration law~~
~~enforcement to be used for reunification of children and parents separated at the~~

~~42 H.R. 4431, Section 302; S. 3058, Section, 302.~~
~~43 Senate Appropriations Committee, “Explanatory Statement for the Homeland Security Appropriations Bill, 2022,”~~
https://www.appropriations.senate.gov/download/dhsrept_final, p. 67. As linked to from Senate Appropriations https://www.appropriations.senate.gov/download/dhsrept_final, p. 67. As linked to from Senate Appropriations
Committee, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,” October 18, 2021, Committee, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,” October 18, 2021,
at https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills. bills.
4455 S. 3058, S. 3058, ~~Section~~ §535. 535.
4556 H.R. 4431, H.R. 4431, ~~Section~~ §535; S. 3058, 535; S. 3058, ~~Section~~ §539. 539.
Congressional Research Service Congressional Research Service

2830 Department of Homeland Security Appropriations: FY2022 permanent joint processing centers to help address the situation on the U.S.-Mexico border. o Section 545 rescinded $49.5 million in emergency funding for prior years that had been provided to CBP for the development of joint processing centers, and reappropriated it to the Management Directorate for the same purpose. o Section 546 rescinded $237 million in unobligated balances available in various active and legacy accounts at DHS. o Section 547 rescinded $42 million in lapsed Operations and Support appropriations from 14 components. The Administration proposed adding the following three provisions:  A provision that would have authorized DHS to deploy any of its resources to deal with a rise in the number of undocumented migrants at the southwest border, without reimbursement between components. This provision was not included in either bill, or in the FY2022 Act.  A provision that would have allowed the use of any funds made available for immigration law enforcement to be used for reunification of children and parents separated at the

~~Department of Homeland Security Appropriations: FY2022~~

U.S.-Mexico border during the Trump Administration. U.S.-Mexico border during the Trump Administration. (A similar administrative A similar administrative
provision was included in each billprovision was included in each bill~~.)46~~,57 but was not included in the FY2022 Act.
 A provision  A provision ~~allowing~~that would have allowed up to 5% of any appropriation provided to up to 5% of any appropriation provided to DHS to be DHS to be
transferred to the DHS Information Technology Modernization Fund. transferred to the DHS Information Technology Modernization Fund. (This This
provision was not included in either bill, although both bills provision was not included in either bill, although both bills ~~include~~ included mechanisms mechanisms
to provide resources for this purpose.to provide resources for this purpose.~~)47~~58 Section 538 of the FY2022 Act created a “Department of Homeland Security Nonrecurring Expenses Fund” which can receive unobligated appropriations up to five years after their expiration, and use those to fund information technology improvements and facilities infrastructure improvements, subject to approval by the Office of Management and Budget. In addition, the FY2022 Act includes a new provision that restricted the use of funds to submit a project proposal to the Technology Modernization Fund and the obligation of any such funds until certain reporting requirements are met.59
Selected Differences Between H.R. 4431 and the Senate Majority Committee
Draft / S. 3058
In addition to high-profile policy shifts, technical and rhetorical differences are common between In addition to high-profile policy shifts, technical and rhetorical differences are common between
House and Senate negotiating positions on appropriations measures that have greater or lesser House and Senate negotiating positions on appropriations measures that have greater or lesser
impacts on DHS operations and resource flows. All of these differences are resolved in the course impacts on DHS operations and resource flows. All of these differences are resolved in the course
of conference negotiations. The following list of selected differences between the two publicly of conference negotiations. The following list of selected differences between the two publicly
revealed positions attempts to highlight the more substantive differences likely to enter into revealed positions attempts to highlight the more substantive differences likely to enter into
public debate that were not raised in the previous section of this report. public debate that were not raised in the previous section of this report.
57 H.R. 4431, §235; S. 3058, §232. 58 See H.R. 4431, §505; and S. 3058, §536. 59 P.L. 117-103, Div. F., §539 Congressional Research Service 31 Department of Homeland Security Appropriations: FY2022 H.R. 4431, ~~H.R. 4431~~ Section 503 / S. 3058, Section 503
H.R. 4431 H.R. 4431 would have rephrased Section 503, making a variety of changes, including removing references to rephrased Section 503, making a variety of changes, including removing references to
appropriations from previous acts or transferred to DHS; allowing increases for programs, appropriations from previous acts or transferred to DHS; allowing increases for programs,
projects, or activities for which funds have been denied or restricted by Congress without projects, or activities for which funds have been denied or restricted by Congress without
notification; barring transfers from appropriations designated as emergencies or disaster relief; notification; barring transfers from appropriations designated as emergencies or disaster relief;
and dropping a provision allowing up to $20 million to be transferred to a fund to address and dropping a provision allowing up to $20 million to be transferred to a fund to address
immigration emergencies. S. 3058 matched the prior-year enacted version. immigration emergencies. S. 3058 matched the prior-year enacted version.
No substantive changes were made to this section in the FY2022 Act. H.R. 4431, ~~H.R. 4431~~ Section 505 / S. 3058, Section 505
H.R. 4431 H.R. 4431 would have expanded the availability of unobligated Operations and Support appropriations at the expanded the availability of unobligated Operations and Support appropriations at the
end of the year from 50% to 75%, and end of the year from 50% to 75%, and ~~provides~~provided those resources to the DHS Information Security those resources to the DHS Information Security
Modernization Fund. S. 3058 matched the prior-year enacted version. Modernization Fund. S. 3058 matched the prior-year enacted version.
No substantive changes were made to this section in the FY2022 Act. H.R. 4431, ~~H.R. 4431~~ Section 513 / S. 3058, Section 513
H.R. 4431 H.R. 4431 would have provided an exception to the prohibition on the use of funds to conduct reorganizations provided an exception to the prohibition on the use of funds to conduct reorganizations
of DHS functions under Section 872 of the Homeland Security Act (6 U.S.C. §452). The of DHS functions under Section 872 of the Homeland Security Act (6 U.S.C. §452). The
exception would allow DHS to establish an office within the Office of the Secretary for a Chief exception would allow DHS to establish an office within the Office of the Secretary for a Chief
Medical Officer with specific duties. S. 3058 matched the prior-year enacted version, with no Medical Officer with specific duties. S. 3058 matched the prior-year enacted version, with no
~~such exception.~~
~~S. 3058~~such exception. As noted above, the FY2022 Act included the exception from H.R. 4431 in Section 513. S. 3058, Section 517
H.R. 4431 did not include a previous provision prohibiting the use of funds for DHS to employ H.R. 4431 did not include a previous provision prohibiting the use of funds for DHS to employ
unauthorized aliens as defined in 8 U.S.C. §1324a(h)(3). S. 3058 unauthorized aliens as defined in 8 U.S.C. §1324a(h)(3). S. 3058 ~~continues~~continued that provision, and it was included in the FY2022 Act as Section 517. S. 3058, Section 527 ~~that provision.~~
~~H.R. 4431 Section 523 / S. 3058 Section 524~~
~~See above regarding a proposed modification to what had previously been Section 525.~~
~~S. 3058 Section 527~~

~~46 H.R. 4431, Section 235; S. 3058, Section 232.~~
~~47 See H.R. 4431, Section 505; and S. 3058, Section 536.~~
~~Congressional Research Service~~

29

~~Department of Homeland Security Appropriations: FY2022~~

H.R. 4431 did not include a previous provision prohibiting the use of funds to implement the H.R. 4431 did not include a previous provision prohibiting the use of funds to implement the
Arms Trade Treaty until the Senate ratifies it. S. 3058 continued that provisionArms Trade Treaty until the Senate ratifies it. S. 3058 continued that provision.
~~S. 3058 Section 529~~
~~See above regarding a proposed discontinuation of what had previously been Section 530.~~
, and it was included in the FY2022 Act as Section 535. H.R. 4431, Section 531
H.R. 4431 included a prior-year provision restricting the use of federal funds for a position H.R. 4431 included a prior-year provision restricting the use of federal funds for a position
designated as a Principal Federal Official, continuing specific restrictions in place since FY2016. designated as a Principal Federal Official, continuing specific restrictions in place since FY2016.
S. 3058 did not include this provision. S. 3058 did not include this provision.
The FY2022 Act included this provision as Section 533. H.R. 4431, Section 532
H.R. 4431 H.R. 4431 ~~included a new requirement for~~would have required DHS to report publicly on a semimonthly basis on DHS to report publicly on a semimonthly basis on
requests to DHS law enforcement for support from federal and nonfederal law enforcement requests to DHS law enforcement for support from federal and nonfederal law enforcement
agencies. S. 3058 agencies. S. 3058 included no such provision. While the FY2022 Act did not include this requirement, DHS was directed to make such a public report on a quarterly basis in the explanatory statement.60 ~~included no such provision.~~
~~H.R. 4431 Section 533~~
~~H.R. 4431 prohibited the use of federal funds to deny any immigration benefits on the sole basis~~
~~of marijuana possession, consumption, or use. S. 3058 included no such provision.~~
H.R. 4431, Section ~~534~~
~~H.R. 4431 included an additional appropriation for construction and modernization of land port-~~
~~of-entry facilities. S. 3058 included no such provision.~~
~~H.R. 4431 Section 535 / S. 3058 Section 539~~
~~These provisions included rescissions of unobligated balances. The first 24 rescissions were~~
~~identical. H.R. 4431 would rescind $2.17 billion from CBP procurement, while S. 3058 would~~
~~rescind $1.89 billion. This change is likely due to variation in unobligated balances in the account~~
~~at the time the bills were drafted. H.R. 4431 also included two additional rescissions totaling $29~~
~~million.~~
~~S. 3058 Section 534~~
~~See discussion above on prior-year Section 536.~~
~~S. 3058 Section 535~~
~~See discussion above on prior-year Section 542.~~
~~S. 3058 Section 536~~
~~S. 3058 included a new general provision to create a fund for nonrecurring information~~
~~technology and facilities infrastructure improvement, to be funded by DHS’s expiring~~
~~unobligated discretionary funds. H.R. 4431 did not include a structurally similar provision,~~
~~although its proposed modifications to Section 505 would provide more limited but similar means~~
~~to accomplish some similar ends.~~
~~S. 3058 Section 537~~
~~S. 3058 included a new general provision to extend~~533 60 Congressional Record, vol. 168, part 42 (March 9, 2022, Book III), p. H2396. Congressional Research Service 32 link to page 37 Department of Homeland Security Appropriations: FY2022 H.R. 4431 would have prohibited the use of federal funds to deny any immigration benefits on the sole basis of marijuana possession, consumption, or use. S. 3058 included no such provision, and it was not included in the FY2022 Act. H.R. 4431, Section 534 H.R. 4431 included an additional appropriation for construction and modernization of land port-of-entry facilities. S. 3058 included no such provision, and it was not included in the FY2022 Act. S. 3058, Section 537 S. 3058 included a new general provision which would have extended the portability of the licensure of DHS’s the portability of the licensure of DHS’s
medical professionals, which had originally been granted in the CARES Act.medical professionals, which had originally been granted in the CARES Act.48 61 H.R. 4431 H.R. 4431
~~included no such provision.~~

~~48 Specifically, P.L. 116-136, Section 16005.~~
~~Congressional Research Service~~

30

~~link to page 35~~ ~~Department of Homeland Security Appropriations: FY2022~~

included no such provision. The FY2022 Act included this provision as Section 541. S. 3058, Section 538
S. 3058 included a $25 million supplemental appropriation for the Department of State’s S. 3058 included a $25 million supplemental appropriation for the Department of State’s
Diplomatic Programs “for the Global Engagement Center to counter foreign propaganda and Diplomatic Programs “for the Global Engagement Center to counter foreign propaganda and
disinformation.”disinformation.”4962 H.R. 4431 included no such provision H.R. 4431 included no such provision, and no such provision is included in the FY2022 Act. .
For Further Information
For additional perspectives on FY2022 DHS appropriations, see the following: For additional perspectives on FY2022 DHS appropriations, see the following:
 CRS Report R46822,  CRS Report R46822, DHS Budget Request Analysis: FY2022; ;
 CRS Report R46978,  CRS Report R46978, Comparing DHS Component Funding Proposals, FY2022:
In Brief; and ; and
 CRS In Focus IF10720,  CRS In Focus IF10720, Calculation and Use of the Disaster Relief Allowable
Adjustment. .
Congressional clients also may wish to consult CRS’s experts directly Congressional clients also may wish to consult CRS’s experts directly. Table 6 lists CRS analysts lists CRS analysts
and specialists who have expertise in policy areas linked to DHS appropriations. and specialists who have expertise in policy areas linked to DHS appropriations.
Table 6. DHS Policy Experts on DHS Components and Activities
Component/ / Issue Area
Name
Background Report
DHS Annual and Supplemental DHS Annual and Supplemental
Wil iam Painter Wil iam Painter

Appropriations, Overall Appropriations, Overall
Departmental Management

Personnel Issues Personnel Issues
Barbara L. Schwemle Barbara L. Schwemle
CRS Insight IN11035, CRS Insight IN11035, Department of
Homeland Security Human Resources
Management: Homeland Security Issues in
the 116th Congress
Federal Protective Service Federal Protective Service
Shawn Reese Shawn Reese
CRS Report R43570, CRS Report R43570, Federal Building and
Facility Security: Frequently Asked Questions
Analysis and Operations
Lisa Sacco Lisa Sacco

61 Specifically, P.L. 116-136, §16005. 62 S. 3058, §538. Congressional Research Service 33 Department of Homeland Security Appropriations: FY2022 Component / Issue Area Name Background Report Office of the Inspector General
Ben Wilhelm Ben Wilhelm
CRS Report R43814, CRS Report R43814, Federal Inspectors
General: History, Characteristics, and Recent
Congressional Actions
U.S. Customs and Border

Protection
CBP Policy and Operations CBP Policy and Operations
Audrey Singer Audrey Singer
CRS Report R42138, CRS Report R42138, Border Security:
Immigration Enforcement Between Ports of
Entry
DHS Border Barrier Funding DHS Border Barrier Funding
Wil iam Painter Wil iam Painter
CRS Insight IN11193, CRS Insight IN11193, Funding U.S.-Mexico
Border Barrier Construction: Current Issues
U.S. Immigration and Customs
Hol y Straut-Eppsteiner Hol y Straut-Eppsteiner
CRS Legal Sidebar LSB10362, CRS Legal Sidebar LSB10362, Immigration
Enforcement
Arrests in the Interior of the United States: A
Primer

~~49 S. 3058, Section 538.~~
~~Congressional Research Service~~

31

~~Department of Homeland Security Appropriations: FY2022~~

~~Component/Issue Area~~
~~Name~~
~~Background Report~~
Transportation Security
Bart Elias Bart Elias
CRS Report R45082, CRS Report R45082, Security of Air Cargo
Administration
Shipments, Operations, and Facilities; and ; and
CRS Report R46678, CRS Report R46678, Transportation
Security: Background and Issues for the
117th Congress
U.S. Coast Guard

Personnel and Administration Personnel and Administration
Alan Ott Alan Ott

Health Care Health Care
Bryce Mendez Bryce Mendez
CRS In Focus IF11702, CRS In Focus IF11702, Defense Health
Primer: U.S. Coast Guard Health Services
Shipbuilding Shipbuilding
Ronald O’Rourke Ronald O’Rourke
CRS Report R42567, CRS Report R42567, Coast Guard Cutter
Procurement: Background and Issues for
Congress; and CRS Report RL34391, ; and CRS Report RL34391,
Coast Guard Polar Security Cutter (Polar
Icebreaker) Program: Background and Issues
for Congress
Maritime Transportation Maritime Transportation
John Frittelli John Frittelli
CRS Report R44566, CRS Report R44566, The Coast Guard’s
Role in Safeguarding Maritime
Transportation: Selected Issues
U.S. Secret Service
Shawn Reese Shawn Reese
CRS Report RL34603, CRS Report RL34603, The U.S. Secret
Service: History and Missions
Cybersecurity and Infrastructure Security Agency
Cybersecurity Cybersecurity
Chris Jaikaran Chris Jaikaran
CRS In Focus IF10683, CRS In Focus IF10683, DHS’s
Cybersecurity Mission—An Overview
Infrastructure Protection Infrastructure Protection
Brian Humphreys; Brian Humphreys;
CRS Report R45809, CRS Report R45809, Critical
Frank Gottron Frank Gottron
Infrastructure: Emerging Trends and Policy
Considerations for Congress
Federal Emergency Management Agency
Disaster Response and Recovery Disaster Response and Recovery
Elizabeth Webster Elizabeth Webster
CRS Report R41981, CRS Report R41981, Congressional Primer
on Responding to and Recovering from
Major Disasters and Emergencies
Disaster Relief Fund Disaster Relief Fund
Wil iam L. Painter Wil iam L. Painter
CRS Report R45484, CRS Report R45484, The Disaster Relief
Fund: Overview and Issues
Mitigation Programs Mitigation Programs
Diane P. Horn Diane P. Horn
CRS Insight IN11187, CRS Insight IN11187, Federal Emergency
Management Agency (FEMA) Hazard
Mitigation Assistance
Congressional Research Service 34 Department of Homeland Security Appropriations: FY2022 Component / Issue Area Name Background Report Stafford Act Individual Assistance Stafford Act Individual Assistance
Elizabeth Webster Elizabeth Webster
CRS In Focus IF11298, CRS In Focus IF11298, A Brief Overview of
Program Program
FEMA’s Individual Assistance Program
Stafford Act Public Assistance Stafford Act Public Assistance
Erica A. Lee Erica A. Lee
CRS Report R46749, CRS Report R46749, FEMA’s Public
Program Program
Assistance Program: A Primer and
Considerations for Congress
Preparedness Grants Preparedness Grants
Shawn Reese Shawn Reese
CRS Report R44669, CRS Report R44669, Department of
Homeland Security Preparedness Grants: A
Summary and Issues
Firefighter Assistance Grants Firefighter Assistance Grants
Brian E. Humphreys Brian E. Humphreys
CRS Report RL32341, CRS Report RL32341, Assistance to
Firefighters Program: Distribution of Fire
Grant Funding; and CRS Report RL33375, ; and CRS Report RL33375,
Staffing for Adequate Fire and Emergency
Response: The SAFER Grant Program
~~Congressional Research Service~~

32

~~Department of Homeland Security Appropriations: FY2022~~

~~Component/Issue Area~~
~~Name~~
~~Background Report~~
Disaster Declarations Disaster Declarations
Bruce R. Lindsay Bruce R. Lindsay
CRS Report R42702, CRS Report R42702, Stafford Act
Declarations 1953-2016: Trends, Analyses,
and Implications for Congress
National Flood Insurance Program National Flood Insurance Program
Diane P. Horn Diane P. Horn
CRS Report R44593, CRS Report R44593, Introduction to the
National Flood Insurance Program (NFIP)
U.S. Citizenship and
Wil iam A. Kandel Wil iam A. Kandel
CRS Report R44038, CRS Report R44038, U.S. Citizenship and
Immigration Services
Immigration Services (USCIS) Functions and
Funding
Science and Technology
Daniel Morgan Daniel Morgan
CRS Report R46869, CRS Report R46869, Federal Research
and Development (R&D) Funding: FY2022
Countering Weapons of Mass
Frank Gottron Frank Gottron

Destruction Office
Congressional Research Service Congressional Research Service

3335

Department of Homeland Security Appropriations: FY2022

Appendix A. Terminology
Budget Authority, Obligations, and Outlays
Federal government spending involves a multistep process that begins with the enactment of Federal government spending involves a multistep process that begins with the enactment of
budget authority by Congress. Federal agencies then obligate funds from enacted budget authority budget authority by Congress. Federal agencies then obligate funds from enacted budget authority
to pay for their activities. Finally, payments are made to liquidate those obligations; the actual to pay for their activities. Finally, payments are made to liquidate those obligations; the actual
payment amounts are reflected in the budget as outlays. payment amounts are reflected in the budget as outlays.
Budget authority is established through appropriations acts or direct spending legislation, and is established through appropriations acts or direct spending legislation, and
determines the amounts that are available for federal agencies to spend. The Antideficiency determines the amounts that are available for federal agencies to spend. The Antideficiency ~~Act50~~Act63
prohibits federal agencies from obligating more funds than the budget authority enacted by prohibits federal agencies from obligating more funds than the budget authority enacted by
Congress. Budget authority also may be indefinite in amount, as when Congress enacts Congress. Budget authority also may be indefinite in amount, as when Congress enacts
appropriations providing “such sums as may be necessary” to complete a project or purpose. appropriations providing “such sums as may be necessary” to complete a project or purpose.
Budget authority may be available on a one-year, multiyear, or no-year basis. One-year budget Budget authority may be available on a one-year, multiyear, or no-year basis. One-year budget
authority is available for obligation only during a specific fiscal year; any unobligated funds at authority is available for obligation only during a specific fiscal year; any unobligated funds at
the end of that year are no longer available for spending. Multiyear budget authority specifies a the end of that year are no longer available for spending. Multiyear budget authority specifies a
range of time during which funds may be obligated for spending, and no-year budget authority range of time during which funds may be obligated for spending, and no-year budget authority
(such as the Disaster Relief Fund) is available for obligation for an indefinite period of time. (such as the Disaster Relief Fund) is available for obligation for an indefinite period of time.
Obligations are incurred when federal agencies employ personnel, enter into contracts, receive are incurred when federal agencies employ personnel, enter into contracts, receive
services, and engage in similar transactions in a given fiscal year—which create a legal services, and engage in similar transactions in a given fiscal year—which create a legal
requirement for the government to pay. requirement for the government to pay. Outlays are the funds that are actually spent during the are the funds that are actually spent during the
fiscal year.fiscal year.5164 Because multiyear and no-year budget authorities may be obligated over a number Because multiyear and no-year budget authorities may be obligated over a number
of years, outlays do not always match the budget authority enacted in a given year. Additionally, of years, outlays do not always match the budget authority enacted in a given year. Additionally,
budget authority may be obligated in one fiscal year but spent in a future fiscal year, especially budget authority may be obligated in one fiscal year but spent in a future fiscal year, especially
with certain contracts. with certain contracts.
In sum, budget authority allows federal agencies to incur obligations and authorizes payments, or In sum, budget authority allows federal agencies to incur obligations and authorizes payments, or
outlays, to be made from the Treasury. Discretionary funded agencies and programs, and outlays, to be made from the Treasury. Discretionary funded agencies and programs, and
appropriated entitlement programs, are funded each year in appropriations acts. appropriated entitlement programs, are funded each year in appropriations acts.
Discretionary and Mandatory Spending
Gross budget authority, or the total funds available for spending by a federal agency, may be , or the total funds available for spending by a federal agency, may be
composed of discretionary and mandatory spending. Discretionary spending is not mandated by composed of discretionary and mandatory spending. Discretionary spending is not mandated by
existing law and is thus appropriated yearly by Congress through appropriations acts. The Budget existing law and is thus appropriated yearly by Congress through appropriations acts. The Budget
Enforcement Act of Enforcement Act of ~~199052~~199065 defines defines discretionary appropriations as budget authority provided in as budget authority provided in
annual appropriations acts and the outlays derived from that authority, but it excludes annual appropriations acts and the outlays derived from that authority, but it excludes
appropriations for entitlements. appropriations for entitlements. Mandatory spending, also known as , also known as direct spending, consists of , consists of
budget authority and resulting outlays provided in laws other than appropriations acts, and is budget authority and resulting outlays provided in laws other than appropriations acts, and is
typically not appropriated each year. Some mandatory entitlement programs, however, must be typically not appropriated each year. Some mandatory entitlement programs, however, must be

5063 31 U.S.C. §§1341, 1342, 1344, 1511-1517. 31 U.S.C. §§1341, 1342, 1344, 1511-1517.
5164 Appropriations, outlays, and account balances for various appropriations accounts can be viewed in the end-of-year Appropriations, outlays, and account balances for various appropriations accounts can be viewed in the end-of-year
reports published by the U.S. Treasury titled reports published by the U.S. Treasury titled Combined Statement of Receipts, Outlays, and Balances of the United
States Government. The DHS portion of the report can be accessed at https://www.fiscal.treasury.gov/reports-. The DHS portion of the report can be accessed at https://www.fiscal.treasury.gov/reports-
statements/combined-statement/current.html. statements/combined-statement/current.html.
5265 P.L. 101-508, Title XIII. P.L. 101-508, Title XIII.
Congressional Research Service Congressional Research Service

3436

link to page link to page 1415 Department of Homeland Security Appropriations: FY2022

appropriated each year and are included in appropriations acts. Within DHS, U.S. Coast Guard appropriated each year and are included in appropriations acts. Within DHS, U.S. Coast Guard
retirement pay is an example of appropriated mandatory spending. retirement pay is an example of appropriated mandatory spending.
Offsetting ~~Collections53~~Collections66
Offsetting funds are collected by the federal government, either from government accounts or the are collected by the federal government, either from government accounts or the
public, as part of a business-type transaction such as collection of a fee. These funds are not public, as part of a business-type transaction such as collection of a fee. These funds are not
considered federal revenue. Instead, they are counted as negative outlays. DHS considered federal revenue. Instead, they are counted as negative outlays. DHS net discretionary
budget authority, or the total funds appropriated by Congress each year, is composed of , or the total funds appropriated by Congress each year, is composed of
discretionary spending minus any fee or fund collections that offset discretionary spending. discretionary spending minus any fee or fund collections that offset discretionary spending.
Some collections offset a portion of an agency’s discretionary budget authority. Other collections Some collections offset a portion of an agency’s discretionary budget authority. Other collections
offset an agency’s mandatory spending. These mandatory spending elements are typically offset an agency’s mandatory spending. These mandatory spending elements are typically
entitlement programs under which individuals, businesses, or units of government that meet the entitlement programs under which individuals, businesses, or units of government that meet the
requirements or qualifications established by law are entitled to receive certain payments if they requirements or qualifications established by law are entitled to receive certain payments if they
establish eligibility. The DHS budget features two mandatory entitlement programs: the U.S. establish eligibility. The DHS budget features two mandatory entitlement programs: the U.S.
Secret Service and the U.S. Coast Guard retired pay accounts (pensions). Some entitlements are Secret Service and the U.S. Coast Guard retired pay accounts (pensions). Some entitlements are
funded by permanent appropriations, and others are funded by annual appropriations. U.S. Secret funded by permanent appropriations, and others are funded by annual appropriations. U.S. Secret
Service retirement pay is a permanent appropriation and, as such, is not annually appropriated. In Service retirement pay is a permanent appropriation and, as such, is not annually appropriated. In
contrast, U.S. Coast Guard retirement pay is annually appropriated. In addition to these contrast, U.S. Coast Guard retirement pay is annually appropriated. In addition to these
entitlements, the DHS budget contains offsetting Trust and Public Enterprise Funds. These funds entitlements, the DHS budget contains offsetting Trust and Public Enterprise Funds. These funds
are not appropriated by Congress. They are available for obligation and included in the are not appropriated by Congress. They are available for obligation and included in the
President’s budget to calculate the gross budget authority. President’s budget to calculate the gross budget authority.
Detail Table Totals
As noted in the text box prior tAs noted in the text box prior to Table 2, totals in the House and Senate Appropriations totals in the House and Senate Appropriations
Committees’ detail tables have, at times, presented information in differing formats that can Committees’ detail tables have, at times, presented information in differing formats that can
confuse those making comparisons. However, confuse those making comparisons. However, ~~both of~~ the detail tables presented in H.Rept. 117-the detail tables presented in H.Rept. 117-
87 and the explanatory 87 and the explanatory ~~statement~~statements accompanying accompanying both the Senate Appropriations Committee majority the Senate Appropriations Committee majority
draft draft and P.L. 117-103, Division F present totals in a consistent format. present totals in a consistent format.
The tables’ total discretionary appropriations are divided between those classified as defense The tables’ total discretionary appropriations are divided between those classified as defense
spending (budget category 050) and nondefense spending (all other budget categories). spending (budget category 050) and nondefense spending (all other budget categories).
Nondefense discretionary appropriations for DHS include funding covered by the disaster relief Nondefense discretionary appropriations for DHS include funding covered by the disaster relief
designation—this amount is scored separately from the other discretionary spending in the bill. designation—this amount is scored separately from the other discretionary spending in the bill.
Rescissions, or cancellation of budget authority, like spending, are divided between defense and Rescissions, or cancellation of budget authority, like spending, are divided between defense and
nondefense, adjusting the scoring of each category downward accordingly. Offsetting collections nondefense, adjusting the scoring of each category downward accordingly. Offsetting collections
also reduce the overall score of discretionary appropriations—however, they are not separately also reduce the overall score of discretionary appropriations—however, they are not separately
categorized in this bill, as all the offsetting collections offset nondefense spending. There is also categorized in this bill, as all the offsetting collections offset nondefense spending. There is also
mandatory funding provided in the bill for Coast Guard Retired Pay. However, this is not mandatory funding provided in the bill for Coast Guard Retired Pay. However, this is not
classified as defense or nondefense spending, as those categories are for discretionary spending, classified as defense or nondefense spending, as those categories are for discretionary spending,
and this item does not add to the discretionary total of the bill. and this item does not add to the discretionary total of the bill.
Totals are provided throughout the detail table for components, titles, and the bill itself. A total for Totals are provided throughout the detail table for components, titles, and the bill itself. A total for
a component generally will be the appropriations listed for the component (including the a component generally will be the appropriations listed for the component (including the
projected costs of policy changes affecting mandatory programs due to language in the bill and projected costs of policy changes affecting mandatory programs due to language in the bill and
permanent indefinite discretionary spending), less any offsetting collections. These totals permanent indefinite discretionary spending), less any offsetting collections. These totals
represent what is linked to that particular portion of the measure. A component may receive represent what is linked to that particular portion of the measure. A component may receive

5366 Prepared with assistance from Bill Heniff Jr., Analyst on Congress and the Legislative Process. Prepared with assistance from Bill Heniff Jr., Analyst on Congress and the Legislative Process.
Congressional Research Service Congressional Research Service

3537

link to page link to page 4042 Department of Homeland Security Appropriations: FY2022

funding through a general provision that may not be included in the component total under a funding through a general provision that may not be included in the component total under a
particular title. Also, rescissions of prior-year budget authority (generally included in Title V) are particular title. Also, rescissions of prior-year budget authority (generally included in Title V) are
not reflected. not reflected.
A separate listing is provided for fee-funded programs with appropriations in permanent law. A separate listing is provided for fee-funded programs with appropriations in permanent law.
While the detail table does not add those to the total for the component, it does note the level of While the detail table does not add those to the total for the component, it does note the level of
resources projected for a component’s use in the coming fiscal year, in part to provide a control resources projected for a component’s use in the coming fiscal year, in part to provide a control
level for proposed reprogrammings and transfers. level for proposed reprogrammings and transfers.
This same methodology is repeated at the title level. In totaling the entire measure, rescissions of This same methodology is repeated at the title level. In totaling the entire measure, rescissions of
prior-year budget authority are included, offsetting the level of defense and nondefense prior-year budget authority are included, offsetting the level of defense and nondefense
discretionary appropriations and therefore the grand total of the bill. discretionary appropriations and therefore the grand total of the bill.
302(a) and 302(b) Allocations
In general practice, the maximum budget authority for annual appropriations (including DHS) is In general practice, the maximum budget authority for annual appropriations (including DHS) is
determined through a two-stage congressional budget process. In the first stage, Congress sets determined through a two-stage congressional budget process. In the first stage, Congress sets
overall spending totals in the annual concurrent resolution on the budget. Subsequently, these overall spending totals in the annual concurrent resolution on the budget. Subsequently, these
totals are allocated among the congressional committees, usually through the statement of totals are allocated among the congressional committees, usually through the statement of
managers for the conference report on the budget resolution. These amounts are known as the managers for the conference report on the budget resolution. These amounts are known as the
302(a) allocations. They include discretionary totals available to the Committees on . They include discretionary totals available to the Committees on
Appropriations for enactment in annual appropriations bills through the subcommittees Appropriations for enactment in annual appropriations bills through the subcommittees
responsible for the development of the bills. responsible for the development of the bills.
In the second stage of the process, the appropriations committees allocate the 302(a) discretionary In the second stage of the process, the appropriations committees allocate the 302(a) discretionary
funds among their subcommittees for each of the appropriations bills. These amounts are known funds among their subcommittees for each of the appropriations bills. These amounts are known
as the as the 302(b) allocations. These allocations must add up to no more than the 302(a) discretionary . These allocations must add up to no more than the 302(a) discretionary
allocation and form the basis for enforcing budget discipline, since any bill reported with a total allocation and form the basis for enforcing budget discipline, since any bill reported with a total
above the ceiling is subject to a point of order. The 302(b) allocations may be adjusted during the above the ceiling is subject to a point of order. The 302(b) allocations may be adjusted during the
year by the respective appropriations committee issuing a report delineating the revised year by the respective appropriations committee issuing a report delineating the revised
suballocations as the various appropriations bills progress toward final enactment. suballocations as the various appropriations bills progress toward final enactment.
Table A-1 shows comparable figures for the 302(b) allocation for FY2021, based on the adjusted shows comparable figures for the 302(b) allocation for FY2021, based on the adjusted
net discretionary budget authority included in Division F of P.L. 116-260, President Biden’s net discretionary budget authority included in Division F of P.L. 116-260, President Biden’s
request for FY2022, the House subcommittee allocations for the Homeland Security request for FY2022, the House subcommittee allocations for the Homeland Security
appropriations bill for FY2022, and appropriations bill for FY2022, and the CBO score of Division F of P.L. Division F of P.L. ~~116-260~~117-103. No Senate 302(b) allocations . No Senate 302(b) allocations
~~have been~~were approved by the Senate Appropriations committee for FY2022. approved by the Senate Appropriations committee for FY2022.
Table A-1. FY2021 and FY2022 302(b) Discretionary Allocations for DHS
(budget authority in billions of dollars) (budget authority in billions of dollars)
FY2021Annual
FY2022
FY2022
FY2022
Appropriation
Request
FY2022 House
Senate
Enacted
Comparable
Comparable
Allocation
Allocation
Comparable
51.885 51.885
52.986 52.986
52.811 52.811
n/a n/a
~~n/a~~57.500
Sources: CRS analysis of H.Comm.Prt. 43-749 (for FY2021), CRS analysis of H.Comm.Prt. 43-749 (for FY2021), ~~H.Rept. 117-87~~the explanatory statement accompanying P.L. 117-103 (for the request), (for the request), ~~and~~ H.Rept. 117-H.Rept. 117-
91, 91, Revised Suballocation of Budget Allocations for Fiscal Year 2022, and the CBO Estimate for H.R. 2471, the Consolidated Appropriations Act, 2022, as Cleared by the Congress on March 10, 2022, dated March 14, 2022. .
Notes: These allocations and comparables do not include funding designated as an emergency requirement, These allocations and comparables do not include funding designated as an emergency requirement,
~~designated as being for overseas contingency operations, or~~ or designated as being for the costs of major disasters designated as being for the costs of major disasters
under the Stafford Act (i.e., “disaster relief”). under the Stafford Act (i.e., “disaster relief”).
Congressional Research Service Congressional Research Service

3638

Department of Homeland Security Appropriations: FY2022

The Budget Control Act, Discretionary Spending Caps, and Adjustments
The Budget Control Act established enforceable discretionary limits, or caps, for defense and The Budget Control Act established enforceable discretionary limits, or caps, for defense and
nondefense spending for each fiscal year from FY2012 through FY2021. Subsequent legislation, nondefense spending for each fiscal year from FY2012 through FY2021. Subsequent legislation,
including the Bipartisan Budget Acts of 2013, 2015, 2018, and 2019,including the Bipartisan Budget Acts of 2013, 2015, 2018, and 2019,5467 amended those caps. Most amended those caps. Most
of the budget for DHS is considered nondefense spending.of the budget for DHS is considered nondefense spending.5568
In addition, the Budget Control Act In addition, the Budget Control Act ~~allows~~allowed for adjustments that would raise the statutory caps to for adjustments that would raise the statutory caps to
cover funding for overseas contingency operations/Global War on Terror, emergency spending, cover funding for overseas contingency operations/Global War on Terror, emergency spending,
and, to a limited extent, disaster relief and appropriations for continuing disability reviews and and, to a limited extent, disaster relief and appropriations for continuing disability reviews and
control of health care fraud and abuse. control of health care fraud and abuse.
Three of the four justifications outlined in the Budget Control Act for adjusting the caps on Three of the four justifications outlined in the Budget Control Act for adjusting the caps on
discretionary budget authority have played a role in DHS’s appropriations process. Two of discretionary budget authority have played a role in DHS’s appropriations process. Two of
these—emergency spending and overseas contingency operations/Global War on Terror—these—emergency spending and overseas contingency operations/Global War on Terror—~~are~~ were not not
limited. limited.
The third justification—disaster relief— The third justification—disaster relief—iswas limited. Under the Budget Control Act, the allowable limited. Under the Budget Control Act, the allowable
adjustment for disaster relief was determined by the Office of Management and Budget (OMB), adjustment for disaster relief was determined by the Office of Management and Budget (OMB),
using the following formula until FY2019: “Limit on disaster relief cap adjustment for the fiscal using the following formula until FY2019: “Limit on disaster relief cap adjustment for the fiscal
year = Rolling average of the disaster relief spending over the last ten fiscal years (throwing out year = Rolling average of the disaster relief spending over the last ten fiscal years (throwing out
the high and low years) + the unused amount of the potential adjustment for disaster relief from the high and low years) + the unused amount of the potential adjustment for disaster relief from
the previous fiscal year.” the previous fiscal year.”
The Bipartisan Budget Act of 2018 amended the above formula, increasing the allowable size of The Bipartisan Budget Act of 2018 amended the above formula, increasing the allowable size of
the adjustment by adding 5% of the amount of emergency-designated funding for major disasters the adjustment by adding 5% of the amount of emergency-designated funding for major disasters
under the Stafford Act, calculated by OMB at the time as $6.296 billion.under the Stafford Act, calculated by OMB at the time as $6.296 billion.5669 The act also extended The act also extended
the availability of unused adjustment capacity indefinitely, rather than having it only carry over the availability of unused adjustment capacity indefinitely, rather than having it only carry over
for one year. for one year.
In January 2021, OMB released a final sequestration preview report for FY2021 that provided an In January 2021, OMB released a final sequestration preview report for FY2021 that provided an
estimate of the allowable adjustment for FY2021 of $17.385 estimate of the allowable adjustment for FY2021 of $17.385 ~~billion57~~billion70—the third-largest allowable —the third-largest allowable
adjustment for disaster relief in the history of the mechanism.adjustment for disaster relief in the history of the mechanism.5871 That estimate That estimate iswas the sum of the sum of:
 the 10-year average, dropping the high and low years ($8.691 billion);  the 10-year average, dropping the high and low years ($8.691 billion);
 5% of the emergency-designated Stafford Act spending since 2012 ($8.694  5% of the emergency-designated Stafford Act spending since 2012 ($8.694
billion); and billion); and
 carryover from the previous year (none).  carryover from the previous year (none).5972

5467 See P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37. See P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37.
5568 Most of the defense spending in the DHS budget is in the budget for the National Protection and Programs Most of the defense spending in the DHS budget is in the budget for the National Protection and Programs
Directorate. Other defense spending is also included in the budgets for the U.S. Coast Guard and Federal Emergency Directorate. Other defense spending is also included in the budgets for the U.S. Coast Guard and Federal Emergency
Management Agency. Management Agency.
5669 Letter from Mick Mulvaney, Director, OMB, to the Honorable Patrick Leahy, Vice Chairman, Committee on Letter from Mick Mulvaney, Director, OMB, to the Honorable Patrick Leahy, Vice Chairman, Committee on
Appropriations, U.S. Senate, April 23, 2018. Appropriations, U.S. Senate, April 23, 2018.
5770 Executive Office of the President of the United States, Executive Office of the President of the United States, OMB Final Sequestration Report to the President and
Congress for Fiscal Year 2021, Washington, DC, January 19, 2021, p. 8, https://www.whitehouse.gov/wp-content/, Washington, DC, January 19, 2021, p. 8, https://www.whitehouse.gov/wp-content/
uploads/2021/01/sequestration_final_January_2021_speaker.pdf. uploads/2021/01/sequestration_final_January_2021_speaker.pdf.
5871 Only the allowable adjustments for FY2015 and FY2020 were higher, at $18.430 billion and $17.503 billion, Only the allowable adjustments for FY2015 and FY2020 were higher, at $18.430 billion and $17.503 billion,
respectively. respectively.
5972 Ibid. Ibid.
Congressional Research Service Congressional Research Service

3739

Department of Homeland Security Appropriations: FY2022

Although the allowable adjustment expired at the end of FY2021, the Biden Administration Although the allowable adjustment expired at the end of FY2021, the Biden Administration
requested funding using the mechanism, urging the House and Senate to include an extension of it requested funding using the mechanism, urging the House and Senate to include an extension of it
in the FY2022 budget resolution. S.Con.Res. 14, the Concurrent Resolution of the Budget for in the FY2022 budget resolution. S.Con.Res. 14, the Concurrent Resolution of the Budget for
Fiscal Year 2022, extended the disaster relief adjustment through FY2022, using the same Fiscal Year 2022, extended the disaster relief adjustment through FY2022, using the same
formula, restated in the resolution as well.formula, restated in the resolution as well.6073 The resolution passed the Senate on August 11, 2021, The resolution passed the Senate on August 11, 2021,
and was considered passed by the House pursuant to the provisions of H.Res. 601 on August 24, and was considered passed by the House pursuant to the provisions of H.Res. 601 on August 24,
2021. There have been no official calculations provided by OMB or the appropriations 2021. There have been no official calculations provided by OMB or the appropriations
committees that define the limits of the allowable adjustment for FY2022. committees that define the limits of the allowable adjustment for FY2022.
The FY2022 Act included $18.8 billion for the Disaster Relief Fund, covered by the disaster relief designation, as requested.
6073 S.Con.Res. 14, §4004(b)(6), §4005(f)(1). S.Con.Res. 14, §4004(b)(6), §4005(f)(1).
Congressional Research Service Congressional Research Service

3840

Department of Homeland Security Appropriations: FY2022

Appendix B. Glossary of Abbreviations and Notes
on Data and Citations

AP
Administrative Provision Administrative Provision
ARPA
American Rescue Plan Act (P.L. 117-2) American Rescue Plan Act (P.L. 117-2)
A&O
Intelligence Analysis & Operations Support Intelligence Analysis & Operations Support
CARES Act
Coronavirus Aid, Relief Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) and Economic Security Act (P.L. 116-136)
CAS
Common Appropriations Structure Common Appropriations Structure
CBO
Congressional Budget Office Congressional Budget Office
CBP
U.S. Customs and Border Protection U.S. Customs and Border Protection
CISA
Cybersecurity and Infrastructure Security Agency Cybersecurity and Infrastructure Security Agency
CR
Continuing resolution Continuing resolution
CRS
Congressional Research Service Congressional Research Service
CWMD
Countering Weapons of Mass Destruction Office Countering Weapons of Mass Destruction Office
DHS
U.S. Department of Homeland Security U.S. Department of Homeland Security
DRF
Disaster Relief Fund Disaster Relief Fund
FA
Federal Assistance Federal Assistance
FEMA
Federal Emergency Management Agency Federal Emergency Management Agency
FLETC
Federal Law Enforcement Training Centers Federal Law Enforcement Training Centers
FPS
Federal Protective Service Federal Protective Service
GAO
Government Accountability Office Government Accountability Office
HAS
Homeland Security Act of 2002 (P.L. 107-296) Homeland Security Act of 2002 (P.L. 107-296)
ICE
U.S. Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement
MGMT
Management Directorate Management Directorate
NFIF
National Flood Insurance Fund National Flood Insurance Fund
NPPD
National Protection and Programs Directorate National Protection and Programs Directorate
OBIM
Office of Biometric Identity Management Office of Biometric Identity Management
OIG
Office of Inspector General Office of Inspector General
OMB
Office of Management and Budget Office of Management and Budget
OSEM
Office of the Secretary and Executive Management Office of the Secretary and Executive Management
O&S
Operations and Support Operations and Support
PC&I
Procurement, Construction, and Improvements Procurement, Construction, and Improvements
PID
Permanent indefinite discretionary spending Permanent indefinite discretionary spending
REPP
Radiological Emergency Preparedness Program Radiological Emergency Preparedness Program
R&D
Research and Development Research and Development
S&T
Science and Technology Directorate Science and Technology Directorate
TSA
Transportation Security Administration Transportation Security Administration
USCG
U.S. Coast Guard U.S. Coast Guard
Congressional Research Service Congressional Research Service

3941

Department of Homeland Security Appropriations: FY2022

USCIS
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services
USSS
U.S. Secret Service U.S. Secret Service
Notes on Data and Citations
All amounts contained in CRS reports on homeland security appropriations represent budget All amounts contained in CRS reports on homeland security appropriations represent budget
authority. For precision in percentages and totals, all calculations in these reports use unrounded authority. For precision in percentages and totals, all calculations in these reports use unrounded
data, which are presented in each report’s tables. Amounts in narrative discussions data, which are presented in each report’s tables. Amounts in narrative discussions ~~may be~~are generally
rounded to the nearest million (or 10 million, in the case of numbers larger than 1 billion), unless rounded to the nearest million (or 10 million, in the case of numbers larger than 1 billion), unless
noted otherwise. noted otherwise.
Data Sources
Data used in this report for FY2021 annual appropriations Data used in this report for FY2021 annual appropriations ~~are derived from the detail table in~~
~~H.Rept. 117-87~~, the FY2022 request, and the FY2022 enacted annual and supplemental appropriations are derived from the detail table in the explanatory statement accompanying P.L. 107-113, as printed in the Congressional Record of March 9, 2022, Book III, pages H2433-H2476. Aside from supplemental appropriations provided in Division M of P.L. 116-. Aside from supplemental appropriations provided in Division M of P.L. 116-
20—the consolidated appropriations measure that resolved the outstanding FY2021 annual 20—the consolidated appropriations measure that resolved the outstanding FY2021 annual
appropriations bills—ARPA (P.L. 117-2) was the only enacted measure providing supplemental appropriations bills—ARPA (P.L. 117-2) was the only enacted measure providing supplemental
appropriations for DHS in FY2021appropriations for DHS in FY2021~~. Its~~—its funding was provided as mandatory appropriations, and funding was provided as mandatory appropriations, and
information on its content is drawn directly from the public law text. information on its content is drawn directly from the public law text.
Data for the FY2022 Data for the FY2022 ~~requested levels and~~ House Appropriations Committee-recommended levels House Appropriations Committee-recommended levels
of annual appropriations areof annual appropriations are ~~also~~ drawn from H.Rept. 117-87, the report accompanying H.R. drawn from H.Rept. 117-87, the report accompanying H.R.
4431. Data for the FY2022 Senate committee majority’s draft position are from the draft bill and 4431. Data for the FY2022 Senate committee majority’s draft position are from the draft bill and
explanatory statement released by the Senate Appropriations Committee on October 18, 2021.explanatory statement released by the Senate Appropriations Committee on October 18, 2021.61
~~Data on FY2022 supplemental appropriations are drawn directly from the enacted public laws:~~
~~P.L. 117-43, P.L. 117-58, and P.L. 117-70.~~
74 CBO vs. OMB Data
Scoring methodology is consistent across this report, relying on data provided by the Scoring methodology is consistent across this report, relying on data provided by the
Appropriations Committees that has been developed with CBO methodology. CRS does not Appropriations Committees that has been developed with CBO methodology. CRS does not
attempt to compare these data with OMB data because technical scoring differences at times do attempt to compare these data with OMB data because technical scoring differences at times do
not allow precise comparisons. not allow precise comparisons.
Some previous CRS reports on DHS appropriations have used OMB data on mandatory spending Some previous CRS reports on DHS appropriations have used OMB data on mandatory spending
for FEMA and the U.S. Secret Service that were not listed in appropriations committee for FEMA and the U.S. Secret Service that were not listed in appropriations committee
documentation—for consistency, OMB data on mandatory spending are no longer included in this documentation—for consistency, OMB data on mandatory spending are no longer included in this
report. report.

6174 The draft bill and explanatory statement can be found on the Senate Appropriations Committee website at The draft bill and explanatory statement can be found on the Senate Appropriations Committee website at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills. Citations for the text are made to S. 3058—a bill identical to the majority draft introduced a week later—for ease bills. Citations for the text are made to S. 3058—a bill identical to the majority draft introduced a week later—for ease
of citation. of citation.
Congressional Research Service Congressional Research Service

4042

Department of Homeland Security Appropriations: FY2022

Author Information

William L. Painter William L. Painter

Specialist in Homeland Security and Appropriations Specialist in Homeland Security and Appropriations

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

Congressional Research Service Congressional Research Service
R47005 R47005 · VERSION ~~1 · NEW~~
414 · UPDATED 43