Department of Homeland Security
January 7, 2022
Appropriations: FY2022
William L. Painter
On May 28, 2021, the Joseph R. Biden Administration released its annual budget request for
Specialist in Homeland
FY2022, including a $90.80 billion budget request for the Department of Homeland Security
Security and
(DHS). The request included $53.99 billion in adjusted net discretionary appropriations and
Appropriations
$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
emergency funding to cover U.S. Customs and Border Protection (CBP) fee shortfalls not
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
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
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
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 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
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).
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.
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
identical to the draft was introduced by Senate Appropriations Committee Subcommittee on the Department of Homeland
Security Chairman Senator Christopher Murphy. 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.
Supplemental appropriations were provided twice 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
and Immigration Services, respectively. 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
available in FY2022.
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
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.
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Contents
Introduction ..................................................................................................................................... 1
Legislative Action on FY2022 DHS Appropriations ....................................................................... 2
Annual Appropriations .............................................................................................................. 2
Biden Administration FY2022 Request .............................................................................. 2
FY2022 House Appropriations Committee Action ............................................................. 3
FY2022 Continuing Appropriations ................................................................................... 3
FY2022 Senate Appropriations Committee Action ............................................................ 3
Other FY2022 DHS Supplemental Appropriations ............................................................ 4
Summary of DHS Appropriations ................................................................................................... 4
The DHS Common Appropriations Structure ........................................................................... 5
Administrative and General Provisions .............................................................................. 6
DHS Appropriations: Summary by Component Type ............................................................... 7
Law Enforcement Operational Components ....................................................................... 8
Incident Response and Recovery Operational Components ............................................. 15
Support Components ......................................................................................................... 20
FLETC .............................................................................................................................. 23
Headquarters Components ................................................................................................ 23
General Provisions ............................................................................................................ 27
For Further Information ................................................................................................................. 31
Notes on Data and Citations .................................................................................................... 40
Tables
Table 1. Appropriations Legislation Referenced in this Report ...................................................... 1
Table 2. Budgetary Resources for Law Enforcement Operational Components, FY2021
and FY2022 ................................................................................................................................ 10
Table 3. Budgetary Resources for Incident Response and Recovery
Operational Components, FY2021 and FY2022 ........................................................................ 16
Table 4. Budgetary Resources for Support Components, FY2021 and FY2022 ........................... 20
Table 5. Budgetary Resources for Headquarters Components, FY2021 and FY2022 .................. 25
Table 6. DHS Policy Experts on DHS Components and Activities ............................................... 31
Table A-1. FY2021 and FY2022 302(b) Discretionary Allocations for DHS ............................... 36
Appendixes
Appendix A. Terminology ............................................................................................................. 34
Appendix B. Glossary of Abbreviations and Notes on Data and Citations ................................... 39
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Contacts
Author Information ........................................................................................................................ 41
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Introduction
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
R. Biden Jr. Administration’s FY2022 budget request, and the appropriations measures developed
by Congress in response. The report identifies additional informational resources, reports, and
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
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
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
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.
Discussion of appropriations legislation involves multiple specialized budgetary concepts.
Appendix A to this report explains several of these concepts, including budget authority,
obligations, outlays, discretionary and mandatory spending, offsetting collections, allocations,
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 Congressional
Appropriations Process: An Introduction, coordinated by James V. Saturno, and the Government
Accountability Office’s (GAO’s) A Glossary of Terms Used in the Federal Budget Process.1
Table 1. Appropriations Legislation Referenced in this Report
Bill Number
Fiscal Year / Type (Report Number)
Latest Action
Votes on Passage
Notes
FY2021
Annual
H.R. 133, Div. F
Enacted as P.L. 116-
House Rol Call
Part of a year-
(House Committee
260, 12/27/2020
250, 327-85; Senate
ending consolidated
Print 43-749)
Rol Call Vote 289,
appropriations
92-6.
measure.
Supplemental
H.R. 133, Div. M
Enacted as P.L. 116-
House Rol Call
Part of a year-
260, 12/27/2020
250, 327-85; Senate
ending consolidated
Rol Call Vote 289,
appropriations
92-6.
measure.
Supplemental
H.R. 1319
Enacted as P.L. 117-
Senate Rol Cal
Drafted as
2, 3/11/2021
Vote 110, 50-49;
mandatory spending
House Rol Call 72,
rather than
220-211.
discretionary
appropriations.
FY2022
Annual (House)
H.R. 4431 (H.Rept.
Report filed
n/a (reported out of
117-87)
ful committee 33-
24)
1 U.S. Government Accountability Office, A Glossary of Terms Used in the Federal Budget Process, GAO-05-734SP,
September 1, 2005, http://www.gao.gov/products/GAO-05-734SP.
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Bill Number
Fiscal Year / Type (Report Number)
Latest Action
Votes on Passage
Notes
Annual (Senate)
Committee majority Draft bil introduced n/a
draft / S. 3058
by subcommittee
chaira
Supplemental
H.R. 5305, Div. B
Enacted as P.L. 117-
House Rol Call
Consolidated
and Div. C
43, 9/30/2021
311, 254-175;
appropriations
Senate Rol Cal
measure with an
Vote 397, 65-35.
interim CR.
Supplemental
H.R. 6119, Div. B
Enacted as P.L. 117-
House Rol Call
Consolidated
70, 12/3/2021
Vote 399, 221-212;
appropriations
Senate Rol Cal
measure with an
Vote, 69-28.
interim CR.
Continuing
H.R. 5305, Div. A
Enacted as P.L. 117-
House Rol Call
CR at the FY2021
Resolution
43, 9/30/2021
311, 254-175;
rate for operations,
Senate Rol Cal
expiring 12/3/2021.
Vote 397, 65-35.
Continuing
H.R. 6119, Div. A
Enacted as P.L. 117-
House Rol Call
Extends previous
Resolution
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
unscheduled, the Senate Appropriations Committee chairman released a draft DHS appropriations measure,
and the subcommittee chairman introduced a measure identical to the draft a week later.
Legislative Action on FY2022 DHS Appropriations
This section provides an overview of the legislative process thus far for appropriations for DHS
for FY2022—from the Administration’s initial request, through enactment of continuing and
supplemental appropriations in P.L. 117-43, as well as additional supplemental appropriations in
P.L. 117-58, Division J.
Annual Appropriations
Biden Administration FY2022 Request
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
(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
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.
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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)
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
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
discretionary budget authority. This was $183 million below the level requested by the
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
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
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,
including most DHS components and programs.4 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).5
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
supplemental appropriations, including $147 million for DHS for costs associated with Operation
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
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)
subcommittee by CBO as a result of policy changes directed by Section 2502, Division C of P.L. 117-42, but this was
for 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.
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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.
Other FY2022 DHS Supplemental Appropriations
On a separate track, 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 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
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,
including a total of $7.96 billion for DHS, $3.08 billion of which would be available in FY2022.
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,
2021—includes
$400 million for the Cybersecurity and Infrastructure Security Agency
(CISA) for several cybersecurity programs (§50001);
$100 million for FEMA for cybersecurity grants (§50002);
$100 million for FEMA for the Nonprofit Security Grant Program (§50003);
$900 million for the DHS Management Directorate for environmental and
sustainability programs (§50004);
$100 million for FEMA for the Assistance to Firefighters Grant Program and
its administrative expenses (§90005);
$150 million for FEMA grants to support updating building codes (§110008);
$650 million the Coast Guard for climate resilient facilities (§110011);
$350 million for a new Great Lakes icebreaker (§110012); and
$20.5 billion in debt cancellation for the National Flood Insurance Program
(NFIP) and $600 million for an NFIP affordability program. (§40104).
It remains to be seen if this bill will become law in its present form; this potential funding is not
included in the analyses below.
Summary of DHS Appropriations
Generally, the homeland security appropriations bill includes all annual appropriations provided
to DHS, and allocates resources to every departmental component.10 In a typical year,
discretionary appropriations11 provide roughly two-thirds to three-fourths of the annual funding
for DHS operations, depending on how one accounts for disaster relief funding.12 The remainder
10 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
multiple years. Others, such as those for the Disaster Relief Fund (DRF), never expire, and are available until they are
used or rescinded.
11 Generally speaking, appropriations provided through annual legislation. For more detail, see Appendix A.
12 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
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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.
The DHS Common Appropriations Structure
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
of appropriations for the entire department, Congress and the Administration continued to provide
resources through existing account structures when possible.
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
October 2016. The Administration made its first budget request under the CAS for FY2017.14
Under the CAS, legacy appropriations structures were largely converted to a four-category
structure:
1. Operations and Support, which generally covers operating salaries and
expenses;
2. Procurement, Construction, and Improvements, which funds planning,
development, engineering, purchase, and deployment of assets to support
component missions;
3. Research and Development, which provides resources needed to identify,
explore, and demonstrate new technologies and capabilities to support
component missions; and
4. Federal Assistance, which supports grant funding managed by DHS
components.
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,
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.
Even with the implementation of the CAS structure, some appropriations do not fit into the four
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.
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Federal Protective Service: The Federal Protective Service (FPS), which has
been a part of several different components of DHS, does not have an
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
carry out its mission. It therefore has a net-zero impact on the total net
discretionary spending in the bill.
USCG’s Retired Pay: The Coast Guard’s Retired Pay appropriation supports the
costs of the U.S. Coast Guard (USCG) retired personnel entitlements, including
pensions, Survivor Benefits Plans, and medical care of retired USCG personnel
and their dependents. This appropriation is categorized as appropriated
mandatory spending. Such appropriations are made when the U.S. government
has a statutory obligation to make these payments; otherwise, there is no
statutory mechanism in place to provide these funds. Because the government is
required to make these payments, the Retired Pay appropriation does not count
against the discretionary allocation of the bill.
FEMA’s Disaster Relief Fund (DRF): FEMA receives a separate appropriation
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
consistent tracking of FEMA’s disaster assistance spending over time, and
ensures a degree of transparency into the availability of funds for disaster
assistance versus FEMA’s other grant activities, which are funded through the
Federal Assistance appropriation.
FEMA’s National Flood Insurance Fund: The National Flood Insurance
Program is largely mandatory spending. However, some program functions,
including mission support, floodplain management, and flood mapping, are paid
for through discretionary appropriations. Certain other program costs are paid for
by fees collected by the government, and require appropriations language to
allow those resources to be spent. These include
o operating expenses and salaries and expenses associated with flood insurance
operations;
o commissions and taxes of agents;
o interest on borrowings from the Treasury; and
o 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
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
grouped at the ends of the titles under which their targeted components had been funded, and
identified as “administrative provisions.”15 This practice has continued in subsequent years. These
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
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.
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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
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.
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
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.
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
legislation passed to authorize the change, or get Congress to provide an exception to the ban on its
reorganization authority under Section 872.
Statutory changes made by two laws can be seen in recent DHS appropriations actions, and H.R. 4431 included a
specific exception to its restriction on Section 872 authority.
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),
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
of a Government Accountability Office (GAO) review.
The FY2019 enacted appropriations for DHS and the Administration’s FY2020 budget request reflect the
renaming of NPPD to CISA and shift of OBIM, while the FY2020 appropriation was the first to include FPS within
the Management Directorate.
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
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
authorized, instead providing direction and funding in the legacy structure for the two components.
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.
7669 and the Senate Appropriations Committee majority draft declined to fol ow this proposal, as did P.L. 116-
260.
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,
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
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
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.
DHS Appropriations: Summary by Component Type
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:
Law Enforcement Operational Components (Title II)
o U.S. Customs and Border Protection
o Immigration and Customs Enforcement
o Transportation Security Administration
o U.S. Coast Guard
o U.S. Secret Service
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Incident Response and Recovery Operational Components (Title III)
o Cybersecurity and Infrastructure Security Agency
o Federal Emergency Management Agency
Support Components (Title IV)
o U.S. Citizenship and Immigration Services
o Federal Law Enforcement Training Center
o Science and Technology Directorate
o Countering Weapons of Mass Destruction Office
Headquarters Components (Title I)
o Office of the Secretary and Executive Management
o Departmental Management Directorate
o Analysis and Operations
o Office of Inspector General
Each group’s and component’s role is briefly described below, and their FY2021 enacted and
FY2022 requested and recommended appropriations are presented in associated tables arranged
by grouped components, followed by a brief discussion of the associated administrative
provisions.
Law Enforcement Operational Components
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
components are included in it.
Components and Missions
U.S. Customs and Border Protection (CBP): According to its budget overview, CBP “is
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.”16
Immigration and Customs Enforcement (ICE): ICE “is the principal criminal investigative
agency within DHS,” and “focuses on immigration enforcement, preventing terrorism, and
combating the illegal movement of people and goods.”17
Transportation Security Administration (TSA): TSA provides security for the U.S.
transportation system while working “to ensure the free and secure movement of people and
commerce.”18
U.S. Coast Guard (USCG): The USCG is “the principal federal agency responsible for maritime
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
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.
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component not only of DHS, but also of the intelligence community, and of the U.S. Armed
Forces.19
U.S. Secret Service (USSS): The USSS is responsible for protecting the President, the Vice-
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
President’s Residence), and special events of national significance. The USSS also investigates
and enforces laws related to counterfeiting and certain financial crimes.20
Table 2 includes a breakdown of budgetary resources provided to these components controlled
through appropriations legislation. Aside from transfers, italicized references are for information
only and do not contribute to the totals (see the text box below for an explanation).
Potential for “Total” Confusion
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
parse their meaning. Totals in the appropriations detail tables have, at times, presented information in differing
formats as well. However, both of the detail tables presented in H.Rept. 117-87 and the explanatory statement
accompanying the Senate Appropriations Committee majority draft present totals in a consistent format. For
information on the derivation of those totals, see “Detail Table Totals” in Appendix A.
In this report’s budgetary resources tables, there are annual discretionary appropriations totals. These are
gross totals, which include discretionary appropriations in the bil s and permanent indefinite discretionary
spending, that score against discretionary budget limits, as well as appropriations that are designated as emergency
spending or disaster relief and therefore do not “score”. They do not reflect offsetting col ections or the effects of
transfers between components, which appear for information in the tables in italics (as do subdivisions of the
Disaster Relief Fund [DRF]). 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
discretionary appropriations total in a single line for the components that have such resources.
Below these elements associated with the annual appropriations measure, supplemental appropriations are
listed separately for components that received such funds for FY2021 or FY2022.
This report factors total annual discretionary appropriations, the mandatory spending line, the effects of transfers,
and supplemental appropriations into a projected budgetary resources total. This total, not reflected directly in
the detail tables, summarizes the total resources available to each component.
Three lines at the end of the table summarize the annual discretionary appropriations, supplemental
appropriations (discretionary and mandatory), and budgetary resources listed in the table.
Notes: The totals in this table do not take into account the budgetary effects of offsetting col ections, rescissions
of prior year budget authority, or changes in mandatory programs (CHIMPS). Factoring in these elements would
generate a net discretionary appropriations total that does not speak 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.
Such 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.
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Table 2. Budgetary Resources for Law Enforcement Operational Components,
FY2021 and FY2022
(budget authority in thousands of dollars)
FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
CBP
O&S
12,908,923
13,426,809
13,562,809
13,605,535
—
PC&I
1,839,634
925,780
333,780
717,398
—
CBP Services at User
9,000
9,000
9,000
9,000
—
Fee Facilities (PID)
Global Entry
199,939
167,000
167,000
167,000
—
Program (PID)
Colombia Free
281,000
206,000
206,000
206,000
—
Trade Act
Col ections (AP)
Reimbursable
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, Title V)
Total Annual
16,117,496
14,823,589
14,317,589
14,743,933
—
Discretionary
Appropriations
Offsetting Collection
-238,939
-206,000
-206,000
-206,000
—
(Global Entry and
Preclearance)
Fees, Mandatory
2,408,906
1,601,034
1,601,034
1,601,034
—
Spending, and Trust
Funds
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
(emergency, P.L.
117-58, Div. J)
Total Budgetary
18,526,402
16,424,623
15,918,623
16,344,967
430,000
Resources
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FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
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
Appropriations
Fees, Mandatory
376,610
379,610
379,610
379,610
—
Spending, and Trust
Funds
Total Budgetary
8,350,139
8,371,096
8,151,585
8,313,329
—
Resources
TSA
O&S
7,793,715
8,094,787
8,072,443
8,094,787
—
Vetting Fee
353,964
200,000
200,000
200,000
—
Programs
PC&I
134,492
134,492
156,836
134,492
—
R&D
29,524
35,532
35,532
35,532
—
Total Annual
8,311,695
8,464,811
8,464,811
8,464,811
—
Discretionary
Appropriations
Offsetting Collections
-3,293,964
-2,310,000
-2,310,000
-2,310,000
—
(O&S)
Fees, Mandatory
255,500
256,000
256,000
256,000
—
Spending, and Trust
Funds
Total Budgetary
8,567,195
8,720,811
8,720,811
8,720,811
—
Resources
USCG
O&S
8,485,146
9,020,770
9,144,070
9,066,020
—
PC&I
2,264,041
1,639,100
1,817,100
1,711,600
—
R&D
10,276
7,476
7,476
7,476
—
Health Care Fund
215,787
240,577
240,577
240,577
—
Contribution (PID)
Coast Guard
4,000
4,000
4,000
4,000
—
Housing Fund (AP)
Coast Guard
0
0
0
50,000
—
Museum (AP)
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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
Appropriations
Offsetting Collections
-4,000
-4,000
-4,000
-4,000
—
(AP)
Fees, Mandatory
1,869,704
1,963,519
1,963,519
1,963,519
—
Spending, and Trust
Funds
Supplemental
Appropriations
O&S (emergency,
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
USSS
O&S
2,373,109
2,514,758
2,518,658
2,520,528
—
PC&I
52,955
54,849
54,849
54,849
—
R&D
11,937
2,310
2,310
2,310
—
Total
2,438,001
2,571,917
2,575,817
2,577,687
—
Discretionary
Appropriations
Total Budgetary
2,438,001
2,571,917
2,575,817
2,577,687
—
Resources
Title II
45,819,971
44,763,726
44,542,415
44,799,823
—
Components
Total Annual
Appropriations
Title II
0
0
0
0
864,000
Components
Total
Supplemental
Appropriations
Title II
50,630,691
48,963,889
48,543,578
48,999,986
864,000
Components
Projected 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 =
Administrative Provision.
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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
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
Act.21 The following subsections note changes from prior-year administrative provisions.
CBP and ICE
The Administration proposed dropping two provisions (209 and 210) that directed the spending of
CBP’s Procurement, Construction, and Improvements appropriation. Both FY2022 bills dropped
those provisions.
The Biden Administration proposed a slight modification to the former Section 208, which
required an expenditure plan for current and prior CBP’s Procurement, Construction, and
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.
4431 dropped the entire withholding, while S. 3058 kept the withholding and included the
proposed change.
The Administration also suggested adding four other administrative provisions, directed at CBP
and ICE. The provisions would have
Required further review of possible payments by CBP under real property
agreements by the Commissioner (or their designee) before being recorded as an
obligation.
Neither committee included the proposed provision regarding real property
agreements in their bills.
Allowed CBP and ICE to reimburse third-parties from their “Operations and
Support” appropriations for COVID-19 testing and shelter for persons deemed
inadmissible.
Both H.R. 4431 and S. 3058 included provisions regarding reimbursement
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
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
family reunification. (A new Section 235 in H.R. 4431 would also have
funded family reunification efforts with unused CARES Act resources and
unobligated immigration law enforcement budget authority.)
Allowed deobligated CBP border barrier construction funds to be used for other
purposes.
H.R. 4431 included a new Section 211, which allows $100 million in funds
previously appropriated for border barrier construction to be used for
mitigation activities 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.
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Department of Homeland Security Appropriations: FY2022
Both H.R. 4431 and S. 3058 included this rescission in Title V, among the
general provisions—the standard treatment for rescissions in DHS
appropriations measures.
These were not the only substantive changes to the Title II administrative provisions for CBP and
ICE proposed in the two bills:
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
Center locations. S. 3058 continues to carry it.
Both bills dropped the former Section 213 from the FY2021 DHS Appropriations
Act, which provided broad authority to reprogram funding to ICE for detention
costs for aliens prioritized for removal.
Section 212 of H.R. 4431 included some additional limitations on the 287(g)
program—which delegates certain immigration law enforcement authority to
local law enforcement—restricting the use of funds for investigations or
apprehensions, or continuing a delegation of authority to a community where
certain elements of DHS determine the jurisdiction has violated the civil rights or
liberties of an individual who was subsequently the subject of delegated
immigration enforcement activity. Section 211 of S. 3058 would have continued
the current law restriction of 287(g) delegations, barring their continuation in
cases where the DHS Office of Inspector General (OIG) determines that the
terms of the agreement have been materially violated.
Section 217 of the FY2021 act continued to carry forward the conditions of
Sections 216 and 217 of the FY2020 DHS Appropriations Act (P.L. 116-93,
Division D)—the former was a restriction on the detention or removal of
sponsors or potential sponsors of an unaccompanied alien child based on
information provided by the Department of Health and Human Services, which
manages the placement process. Section 216 of H.R. 4431 takes a new approach,
denying funding to detain or remove any individual based on information
provided to facilitate the sponsorship of an unaccompanied alien child, or on
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
Human Services. S. 3058 includes the extension of the provisions as previously
drafted.
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,
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.
S. 3058 does not include those provisions.
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
under the Immigration and Naturalization Act. The Senate provision includes
detailed direction and a six-month time frame to implement, while the House
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
detainees held more than 14 days go through the process, and that an
“individualized, documented ... determination” on whether their detention should
be continued be made within a week.
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Department of Homeland Security Appropriations: FY2022
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
civil immigration enforcement activities unless there is probable cause that the
individual facing such action committed a criminal offense not related to their
immigration status.
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
service employees under 41 U.S.C. §6703. S. 3058 contains no similar
requirement.
TSA
The Administration requested dropping Section 223 of the FY2021 DHS
appropriations act from the FY2022 iteration. The section was a two-year
extension of a pilot program for passenger screening outside an existing primary
passenger terminal screening area. Both bills dropped it.
USCG
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
USCG “Operations and Support” appropriation. With the Administration
proposing a reorganization of the categories within that appropriation, they
proposed tweaking the category name. Section 227 of H.R. 4431 maintained the
original authority and provided an additional $10 million in flexibility for
reprogramming within the “Field Operations” subcategories. S. 3058 continued
with the original provision.
H.R. 4431 dropped three provisions regarding the Coast Guard Operations
System Center, the Coast Guard National Vessel Documentation Center, and the
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 new fees on inspections of
certain towing vessels.
S. 3058 included a new Section 233 providing a $50 million grant to the National
Coast Guard Museum Association.
USSS
No substantive changes were proposed to administrative provisions affecting the USSS.
Incident Response and Recovery Operational Components
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
the largest budget of any DHS component—an appropriated budget largely driven by disaster
programs authorized under the Stafford Act, and an overall budget that also includes
nonappropriated funding for the National Flood Insurance Program. Title III also includes
funding for the newly restructured Cybersecurity and Infrastructure Security Agency (CISA),
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
resources in this title.
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Components and Missions
Cybersecurity and Infrastructure Security Agency (CISA): CISA, formerly known as the
National Protection and Programs Directorate (NPPD), describes itself in its budget documents as
“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.”22
Federal Emergency Management Agency (FEMA): FEMA leads the federal government’s
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,
comprehensive emergency management system of preparedness, prevention, protection, response,
recovery, and mitigation.23
Table 3 includes a breakdown of budgetary resources for these components controlled through
appropriations legislation. Note that some FY2022 annually appropriated resources were
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 table reflects only 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.
Table 3. Budgetary Resources for Incident Response and Recovery
Operational Components, FY2021 and FY2022
(budget authority in thousands of dollars)
FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
CISA
O&S
1,662,066
1,691,520
1,927,750
2,077,585
—
PC&I
353,479
418,179
467,167
530,562
—
Cybersecurity
0
20,000
20,000
20,000
—
Response and
Recovery Fund
R&D
9,431
3,931
7,431
9,931
—
Total Annual
2,024,976
2,133,630
2,422,348
2,638,078
—
Discretionary
Appropriations
Supplemental
Appropriations
O&S (emergency,
0
0
0
0
35,000
P.L. 117-58, Div. J)
Cybersecurity
0
0
0
0
20,000
Response and
Recovery Fund
(emergency, P.L.
117-58, Div. J)
22 Budget-In-Brief, p. 55.
23 Budget-In-Brief, p. 61.
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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
204,412
204,000
204,000
214,706
—
Insurance Fund
(NFIF)
Radiological
34,000
33,630
33,630
33,630
—
Emergency
Preparedness
Program (REPP)
(AP)
Presidential
12,700
0
0
3,000
—
Residence
Protection (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
—
Collections (NFIF
and REPP)
Transfers to FA
25,000
25,000
135,000
20,000
—
from other
components
Supplemental
Appropriations
FA (emergency,
0
0
0
0
1,083,000b
P.L. 117-43; P.L.
117-58)
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FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
DRF, Major
2,000,000
0
0
0
200,000b
Disasters
(emergency, P.L.
116-260; P.L. 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
Supplemental
Appropriations
Title III
78,446,659
26,180,734
26,942,803
27,055,687
1,338,000
Components
Projected 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 =
Administrative Provision.
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
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
Community Disaster Loan (CDL) program using unobligated resources from the base funding for the DRF.
This is not reflected in the table as it does not represent an appropriation for the CDL program or a
transfer 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.
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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
Management to submit to Congress an unfunded priorities list for CISA.
Both bills included a new Section 303 that requires a monthly report on the status
of resources in the newly created Cyber Response and Recovery Fund.
H.R. 4431 included a new Section 304, which requires an annual plan to be
submitted with the President’s budget request documenting “capability-specific
federal civilian executive branch department and agency cybersecurity
investment requirements.”25 S. 3058 included no such provision.
FEMA
Most of the administrative provisions in the bills pertain to FEMA.
The Administration proposed continuing and modifying Section 309 of the
FY2021 DHS Appropriations Act, which allowed previous unobligated
appropriations to the National Predisaster Mitigation Fund to be transferred to the
Building Resilient Infrastructure and Communities (BRIC) program. Neither
H.R. 4431 nor S. 3058 continued the provision.
The Administration also proposed discontinuing Section 311, which provided a
limited authority for U.S. territories to receive community disaster loans—
specifically for disasters that occurred in calendar year 2018. Neither H.R. 4431
nor S. 3058 continued the provision.
The Administration proposed adding a new provision allowing a portion of
FEMA grant funding to be transferred to FEMA’s “Operations and Support”
appropriation to conduct evaluations of the effectiveness of grants under the State
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
313.
Both bills included a new section (311 in H.R. 4431, 310 in S. 3058) to allow a
portion of the DRF funding from ARPA (P.L. 117-2) to be available for the BRIC
program to mitigate the effects of climate change, and to provide $14 million to
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
same section, shifts $500 million of unobligated DRF base funding to pay the
costs of major disasters.
H.R. 4431 includes a new administrative provision increasing the federal cost
share for a range of Stafford Act programs to 90% for disasters declared or
occurring in calendar year 2020.26
H.R. 4431 also includes a new administrative provision canceling the outstanding
balances on all Community Disaster Loans as of June 30, 2021.27
25 H.R. 4431, Section 304(a).
26 H.R. 4431, §314.
27 H.R. 4431, §315.
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Support Components
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
appear more significant if expressed on a percentage basis.
Components and Missions
U.S. Citizenship and Immigration Services (USCIS): USCIS manages the U.S. immigration
system, administering the laws that govern temporary admission and permanent immigration to
the United States.28
Federal Law Enforcement Training Center (FLETC): FLETC is a technical training school
for law enforcement professionals, meeting the basic and specialized training needs of
approximately 100 federal agencies, as well as state and local organizations.29
Science and Technology Directorate (S&T): S&T leads and coordinates research, development,
testing, and evaluation work for DHS, and supports departmental acquisitions.30
Countering Weapons of Mass Destruction Office (CWMD): CWMD leads DHS’s efforts to
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
leadership on medical and public health issues.31
Table 4 includes a breakdown of budgetary resources provided to these components controlled
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)
FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
USCIS
O&S
117,790
459,504
459,504
459,504
—
FA
10,000
10,000
15,000
20,000
—
H-2B Returning
0
0
7,000
7,000
—
Worker amendment
(AP, CHIMP)
Unused Visa
0
0
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.
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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
Appropriations
Supplemental
Appropriations
R&D (Emergency,
0
0
0
0
157,500
P.L. 117-58)
Total Budgetary
765,558
822,903
830,403
868,903
157,500
Resources
CWMD
O&S
179,892
157,200
162,200
171,750
—
PC&I
87,413
71,604
76,604
71,604
—
R&D
65,309
65,709
65,709
65,709
—
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FY2021
FY2022
HAC-
Component /
Reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
FA
69,663
132,948
132,948
132,948
—
Total
402,277
427,461
437,461
442,011
—
Discretionary
Appropriations
Total Budgetary
402,277
427,461
437,461
442,011
—
Resources
Title IV
1,635,973
2,075,504
2,098,004
2,146,054
—
Components
Total Annual
Discretionary
Appropriations
Title IV
0
0
0
0
350,500
Components
Total
Supplemental
Appropriations
Title IV
6,567,846
6,366,784
6,397,284
6,875,564
350,500
Components
Projected 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 =
Administrative Provision; CHIMP = Change in Mandatory Program, which results in a charging back of a
provision’s budgetary effect to the bil .
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
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
Appropriations Act.32
USCIS
The Administration proposed a new provision to allow funds made available to
USCIS to be used for collection and use of biometrics taken at certain facilities
overseen virtually by USCIS personnel using appropriate technology. This
provision was included as Section 404 in 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.
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The Administration proposed a new provision allowing $2,500 in fee revenues to
be used for official reception and representation expenses. Neither H.R. 4431 nor
S. 3058 included this provision.
Both bills included a new provision that would increase the overall level of
family-sponsored immigrants and employment-based immigrants by the number
of unused visas authorized under current law for FY2020 and FY2021. The new
section, which also includes direction on the allocation and management of the
additional visas, appears as Section 409 in H.R. 4431 and Section 414 in S. 3058.
Both bills included a new provision that allows diversity visas to be issued to
individuals denied such visas under several executive orders under the Trump
Administration. This provision was added to H.R. 4431 as Section 410 by
amendment in full committee markup on a voice vote. It is included in S. 3058 as
Section 414.
Both bills included a new provision that allows the Secretary of DHS to make
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 is
included in S. 3058 as Section 413.
A new provision is included in H.R. 4431 that allows the H-2A visa program to
be used for agricultural jobs that are not temporary or seasonal. This provision
was added as Section 412 by amendment in full committee markup on a voice
vote. It is not included in S. 3058.
FLETC
The Administration proposed continuing and modifying Section 406 of the
FY2021 DHS Appropriations Act, which allows FLETC to accept transfers from
other federal agencies requesting the construction of special facilities, but that
FLETC would maintain administrative control and ownership of the new
facilities. The modification would specify that permissible transfers would
include USCIS fee revenues.
Headquarters Components
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
provisions.
Components and Missions
Office of the Secretary and Executive Management (OSEM): OSEM “provides central
leadership, management, direction, and oversight” for all DHS components.33
Departmental Management Directorate (MGMT34): MGMT provides DHS-wide mission
support services and oversight for a broad range of functions, including
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.
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budget and financial management (through the Office of the Chief Financial
Officer);
procurement and acquisition (through the Office of the Chief Procurement
Officer and Office of Program Accountability and Risk Management);
human capital (through the Office of the Chief Human Capital Officer);
security (through the Office of the Chief Security Officer);
logistics and facilities (through the Office of the Chief Readiness Support
Officer);
law enforcement and security services for federal buildings (through the Federal
Protective Service); and
biometric identity services (through the Office of Biometric Identity
Management).35
Intelligence Analysis and Operations Coordination (A&O): A&O covers two separate offices:
The Office of Intelligence and Analysis (I&A), which “analyzes intelligence and
information about homeland security threats and serves as the interface between
the intelligence community, [nonfederal government partners], and private sector
partners on homeland security intelligence and information”;36 and
The Office of Operations Coordination (OPS), which provides “operations
coordination, information sharing, situational awareness, common operating
picture, Department continuity, and decision support in order to enable the
execution of the Secretary’s responsibilities across the [homeland security
enterprise].”37
Office of Inspector General (OIG): The OIG is an independent, objective audit, inspection, and
investigative body that reports to the Secretary and to Congress on DHS efficiency and
effectiveness, and works to prevent waste, fraud, and abuse.38
Table 5 provides a breakdown of the budgetary resources provided to these components
controlled through appropriations legislation. The table reflects only 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.
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Table 5. Budgetary Resources for Headquarters Components, FY2021 and FY2022
(budget authority in thousands of dollars)
FY2020
FY2021
HAC-
Component /
reported
SAC Majority
Appropriation
Enacted
Request
H.R. 7669
Draft (S. 3058)a
Enacted
OSEM
O&S
180,819
224,747
233,153
221,555
—
FA
25,000
25,000
35,000
20,000
—
Transfer to FEMA
-25,000
-25,000
-35,000
-20,000
—
Total Discretionary
205,819
249,747
268,153
241,555
—
Appropriations
Supplemental
Appropriations
O&S (emergency, P.L.
0
0
0
0
147,456
117-70, Div. B)
Total Budgetary
180,819
224,747
233,153
221,555
147.456
Resources (after
transfer)
MGMT
O&S
1,398,162
1,653,553
1,653,553
1,658,553
—
PC&I
214,795
396,371
511,816
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
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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
Discretionary
Appropriations
Title I Components
0
0
0
0
147,456
Total Supplemental
Appropriations
Title I Components
3,871,210
4,425,650
4,549,501
4,377,458
147,456
Projected 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.
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
Congress.gov and may be more convenient for readers to reference.
Title I Administrative Provisions
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:
Section 101—requiring an OIG report on all grants and contracts awarded by any
means other than a full and open competition;
Section 102—requiring monthly budget and staffing reports to the appropriations
committees from the chief financial officer;
Section 103—requiring all DHS contracts that have award fees to link them to
“successful acquisition outcomes”;
Section 104—requiring committee notification of all transfers from the Treasury
Forfeiture Fund to any DHS agency;
Section 105—requiring government aircraft travel costs for DHS personnel
supporting the Secretary and Deputy Secretary be paid for by the Office of the
Secretary;
Section 106—extending a requirement for reporting on visa overstays and border
security metrics first established in Section 107 of the DHS Appropriations Act,
2018 (P.L. 115-141, Division F).
The House committee-reported bill suggested modifying the initial due date in Section 101 from
October 15 to 15 days after enactment. The House bill also proposed adding two new sections:
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one requiring a quarterly progress report on major acquisition programs40 for DHS, and the other
requiring reporting 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.
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,
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
and two providing rescissions—cancellations of previously provided budget authority that offset
the overall cost of the bill.
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
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
were under development.
Administration Proposals
The Administration proposed dropping the following eight provisions:
Section 515, which prohibited department officials delegating responsibilities
given to them by the DHS Appropriations Act unless specifically given the
authority to do so. (Both H.R. 4431 and S. 3058 continued this provision.)
Section 516, which restricted the use of funds to transfer or release into the
United States any of the detainees at Guantanamo Bay. (Both H.R. 4431 and S.
3058 dropped this provision.)
Section 530, which funded reimbursement for extraordinary costs of law
enforcement and other emergency personnel for protection activities directly
associated with a residence of the President. (H.R. 4431 dropped this provision;
S. 3058 continued the provision, providing $3.0 million—down from $12.7
million in FY2021.)
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
proposals for reductions in discretionary spending to compensate for the lack of
such fees. (H.R. 4431 dropped this provision; S. 3058 continued the provision.41)
Section 537, which required the Administration provide an unfunded priorities
list for DHS for programs funded with defense discretionary appropriations.
(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.
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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)
Section 538, which provided for a one-time transfer of unobligated balances from
FY2020 to fund an electronic health records system for the department. (Both
H.R. 4431 and S. 3058 dropped this provision.)
Section 541, which provided $840 million in emergency funding to make up for
shortfalls in customs and immigration inspection fees. (Both H.R. 4431 and S.
3058 dropped this provision.)
Section 542, which required reporting on decisions to provide or terminate
federal protection for any former or retired government official, including
information on threat assessment, scope, cost, and duration. (H.R. 4431 dropped
this provision; S. 3058 continued the provision.44)
The Administration proposed modifying the following provisions:
Section 523, which restricted large-scale DHS attendance at international
conferences. The proposed modification would allow virtual attendance that
would not involve travel away from the DHS employee’s permanent duty station
to not count against the limits imposed by the section. (Both H.R. 4431 and S.
3058 included this modification.)
Section 525, which restricted obligating funds for structural pay reform without
certain reporting. The modification would allow for obligations in cases where
the reform has been justified in a budget request and subsequently enacted by
Congress. (Both H.R. 4431 and S. 3058 included a similar modification, with
H.R. 4431 allowing for such obligations if the proposal was in the budget request
and not specifically restricted in the act or its accompanying explanatory
statement.)
Sections 539 and 540, which listed amounts and accounts for rescissions of prior-
year appropriations. The Administration proposed an updated list of rescissions.
(Although the accounts and amounts differed in some cases, both H.R. 4431 and
S. 3058 included a single provision 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
Committee, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,” October 18, 2021,
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills.
44 S. 3058, Section 535.
45 H.R. 4431, Section 535; S. 3058, Section 539.
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U.S.-Mexico border during the Trump Administration. (A similar administrative
provision was included in each bill.)46
A provision allowing up to 5% of any appropriation provided to DHS to be
transferred to the DHS Information Technology Modernization Fund. (This
provision was not included in either bill, although both bills include mechanisms
to provide resources for this purpose.)47
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
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
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
public debate that were not raised in the previous section of this report.
H.R. 4431 Section 503 / S. 3058 Section 503
H.R. 4431 rephrased Section 503, making a variety of changes, including removing references to
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
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
immigration emergencies. S. 3058 matched the prior-year enacted version.
H.R. 4431 Section 505 / S. 3058 Section 505
H.R. 4431 expanded the availability of unobligated Operations and Support appropriations at the
end of the year from 50% to 75%, and provides those resources to the DHS Information Security
Modernization Fund. S. 3058 matched the prior-year enacted version.
H.R. 4431 Section 513 / S. 3058 Section 513
H.R. 4431 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
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
such exception.
S. 3058 Section 517
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 continues 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.
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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 provision.
S. 3058 Section 529
See above regarding a proposed discontinuation of what had previously been Section 530.
H.R. 4431 Section 531
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.
S. 3058 did not include this provision.
H.R. 4431 Section 532
H.R. 4431 included a new requirement for DHS to report publicly on a semimonthly basis on
requests to DHS law enforcement for support from federal and nonfederal law enforcement
agencies. S. 3058 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 the portability of the licensure of DHS’s
medical professionals, which had originally been granted in the CARES Act.48 H.R. 4431
included no such provision.
48 Specifically, P.L. 116-136, Section 16005.
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S. 3058 Section 538
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
disinformation.”49 H.R. 4431 included no such provision.
For Further Information
For additional perspectives on FY2022 DHS appropriations, see the following:
CRS Report R46822, DHS Budget Request Analysis: FY2022;
CRS Report R46978, Comparing DHS Component Funding Proposals, FY2022:
In Brief; and
CRS In Focus IF10720, Calculation and Use of the Disaster Relief Allowable
Adjustment.
Congressional clients also may wish to consult CRS’s experts directly. Table 6 lists CRS analysts
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
Wil iam Painter
Appropriations, Overall
Departmental Management
Personnel Issues
Barbara L. Schwemle
CRS Insight IN11035, Department of
Homeland Security Human Resources
Management: Homeland Security Issues in
the 116th Congress
Federal Protective Service
Shawn Reese
CRS Report R43570, Federal Building and
Facility Security: Frequently Asked Questions
Analysis and Operations
Lisa Sacco
Office of the Inspector General
Ben Wilhelm
CRS Report R43814, Federal Inspectors
General: History, Characteristics, and Recent
Congressional Actions
U.S. Customs and Border
Protection
CBP Policy and Operations
Audrey Singer
CRS Report R42138, Border Security:
Immigration Enforcement Between Ports of
Entry
DHS Border Barrier Funding
Wil iam Painter
CRS Insight IN11193, Funding U.S.-Mexico
Border Barrier Construction: Current Issues
U.S. Immigration and Customs
Hol y Straut-Eppsteiner
CRS Legal Sidebar LSB10362, Immigration
Enforcement
Arrests in the Interior of the United States: A
Primer
49 S. 3058, Section 538.
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Component/Issue Area
Name
Background Report
Transportation Security
Bart Elias
CRS Report R45082, Security of Air Cargo
Administration
Shipments, Operations, and Facilities; and
CRS Report R46678, Transportation
Security: Background and Issues for the
117th Congress
U.S. Coast Guard
Personnel and Administration
Alan Ott
Health Care
Bryce Mendez
CRS In Focus IF11702, Defense Health
Primer: U.S. Coast Guard Health Services
Shipbuilding
Ronald O’Rourke
CRS Report R42567, Coast Guard Cutter
Procurement: Background and Issues for
Congress; and CRS Report RL34391,
Coast Guard Polar Security Cutter (Polar
Icebreaker) Program: Background and Issues
for Congress
Maritime Transportation
John Frittelli
CRS Report R44566, The Coast Guard’s
Role in Safeguarding Maritime
Transportation: Selected Issues
U.S. Secret Service
Shawn Reese
CRS Report RL34603, The U.S. Secret
Service: History and Missions
Cybersecurity and Infrastructure Security Agency
Cybersecurity
Chris Jaikaran
CRS In Focus IF10683, DHS’s
Cybersecurity Mission—An Overview
Infrastructure Protection
Brian Humphreys;
CRS Report R45809, Critical
Frank Gottron
Infrastructure: Emerging Trends and Policy
Considerations for Congress
Federal Emergency Management Agency
Disaster Response and Recovery
Elizabeth Webster
CRS Report R41981, Congressional Primer
on Responding to and Recovering from
Major Disasters and Emergencies
Disaster Relief Fund
Wil iam L. Painter
CRS Report R45484, The Disaster Relief
Fund: Overview and Issues
Mitigation Programs
Diane P. Horn
CRS Insight IN11187, Federal Emergency
Management Agency (FEMA) Hazard
Mitigation Assistance
Stafford Act Individual Assistance
Elizabeth Webster
CRS In Focus IF11298, A Brief Overview of
Program
FEMA’s Individual Assistance Program
Stafford Act Public Assistance
Erica A. Lee
CRS Report R46749, FEMA’s Public
Program
Assistance Program: A Primer and
Considerations for Congress
Preparedness Grants
Shawn Reese
CRS Report R44669, Department of
Homeland Security Preparedness Grants: A
Summary and Issues
Firefighter Assistance Grants
Brian E. Humphreys
CRS Report RL32341, Assistance to
Firefighters Program: Distribution of Fire
Grant Funding; and CRS Report RL33375,
Staffing for Adequate Fire and Emergency
Response: The SAFER Grant Program
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Component/Issue Area
Name
Background Report
Disaster Declarations
Bruce R. Lindsay
CRS Report R42702, Stafford Act
Declarations 1953-2016: Trends, Analyses,
and Implications for Congress
National Flood Insurance Program
Diane P. Horn
CRS Report R44593, Introduction to the
National Flood Insurance Program (NFIP)
U.S. Citizenship and
Wil iam A. Kandel
CRS Report R44038, U.S. Citizenship and
Immigration Services
Immigration Services (USCIS) Functions and
Funding
Science and Technology
Daniel Morgan
CRS Report R46869, Federal Research
and Development (R&D) Funding: FY2022
Countering Weapons of Mass
Frank Gottron
Destruction Office
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Appendix A. Terminology
Budget Authority, Obligations, and Outlays
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
to pay for their activities. Finally, payments are made to liquidate those obligations; the actual
payment amounts are reflected in the budget as outlays.
Budget authority is established through appropriations acts or direct spending legislation, and
determines the amounts that are available for federal agencies to spend. The Antideficiency Act50
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
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
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
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.
Obligations 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
requirement for the government to pay. Outlays are the funds that are actually spent during the
fiscal year.51 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,
budget authority may be obligated in one fiscal year but spent in a future fiscal year, especially
with certain contracts.
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
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
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
Enforcement Act of 199052 defines discretionary appropriations as budget authority provided in
annual appropriations acts and the outlays derived from that authority, but it excludes
appropriations for entitlements. Mandatory spending, also known as direct spending, consists of
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
50 31 U.S.C. §§1341, 1342, 1344, 1511-1517.
51 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 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-
statements/combined-statement/current.html.
52 P.L. 101-508, Title XIII.
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appropriated each year and are included in appropriations acts. Within DHS, U.S. Coast Guard
retirement pay is an example of appropriated mandatory spending.
Offsetting Collections53
Offsetting funds 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
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
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
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
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.
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
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
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
President’s budget to calculate the gross budget authority.
Detail Table Totals
As noted in the text box prior to Table 2, totals in the House and Senate Appropriations
Committees’ detail tables have, at times, presented information in differing formats that can
confuse those making comparisons. However, both of the detail tables presented in H.Rept. 117-
87 and the explanatory statement accompanying the Senate Appropriations Committee majority
draft present totals in a consistent format.
The tables’ total discretionary appropriations are divided between those classified as defense
spending (budget category 050) and nondefense spending (all other budget categories).
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.
Rescissions, or cancellation of budget authority, like spending, are divided between defense and
nondefense, adjusting the scoring of each category downward accordingly. Offsetting collections
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
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,
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
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
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
53 Prepared with assistance from Bill Heniff Jr., Analyst on Congress and the Legislative Process.
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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
not reflected.
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
resources projected for a component’s use in the coming fiscal year, in part to provide a control
level for proposed reprogrammings and transfers.
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
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
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
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
302(a) allocations. They include discretionary totals available to the Committees on
Appropriations for enactment in annual appropriations bills through the subcommittees
responsible for the development of the bills.
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
as the 302(b) allocations. 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
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
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
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
appropriations bill for FY2022, and Division F of P.L. 116-260. No Senate 302(b) allocations
have been 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)
FY2021Annual
FY2022
FY2022
FY2022
Appropriation
Request
FY2022 House
Senate
Enacted
Comparable
Comparable
Allocation
Allocation
Comparable
51.885
52.986
52.811
n/a
n/a
Sources: CRS analysis of H.Comm.Prt. 43-749 (for FY2021), H.Rept. 117-87 (for the request), and H.Rept. 117-
91, Revised Suballocation of Budget Allocations for Fiscal Year 2022.
Notes: These allocations and comparables do not include funding designated as an emergency requirement,
designated as being for overseas contingency operations, or designated as being for the costs of major disasters
under the Stafford Act (i.e., “disaster relief”).
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The Budget Control Act, Discretionary Spending Caps, and Adjustments
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,
including the Bipartisan Budget Acts of 2013, 2015, 2018, and 2019,54 amended those caps. Most
of the budget for DHS is considered nondefense spending.55
In addition, the Budget Control Act allows for adjustments that would raise the statutory caps to
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
control of health care fraud and abuse.
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
these—emergency spending and overseas contingency operations/Global War on Terror—are not
limited.
The third justification—disaster relief—is limited. Under the Budget Control Act, the allowable
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
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 previous fiscal year.”
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
under the Stafford Act, calculated by OMB at the time as $6.296 billion.56 The act also extended
the availability of unused adjustment capacity indefinitely, rather than having it only carry over
for one year.
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 billion57—the third-largest allowable
adjustment for disaster relief in the history of the mechanism.58 That estimate is the sum of:
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
billion); and
carryover from the previous year (none).59
54 See P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37.
55 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
Management Agency.
56 Letter from Mick Mulvaney, Director, OMB, to the Honorable Patrick Leahy, Vice Chairman, Committee on
Appropriations, U.S. Senate, April 23, 2018.
57 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/
uploads/2021/01/sequestration_final_January_2021_speaker.pdf.
58 Only the allowable adjustments for FY2015 and FY2020 were higher, at $18.430 billion and $17.503 billion,
respectively.
59 Ibid.
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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
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
formula, restated in the resolution as well.60 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,
2021. There have been no official calculations provided by OMB or the appropriations
committees that define the limits of the allowable adjustment for FY2022.
60 S.Con.Res. 14, §4004(b)(6), §4005(f)(1).
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Appendix B. Glossary of Abbreviations and Notes
on Data and Citations
AP
Administrative Provision
ARPA
American Rescue Plan Act (P.L. 117-2)
A&O
Intelligence Analysis & Operations Support
CARES Act
Coronavirus Aid, Relief and Economic Security Act (P.L. 116-136)
CAS
Common Appropriations Structure
CBO
Congressional Budget Office
CBP
U.S. Customs and Border Protection
CISA
Cybersecurity and Infrastructure Security Agency
CR
Continuing resolution
CRS
Congressional Research Service
CWMD
Countering Weapons of Mass Destruction Office
DHS
U.S. Department of Homeland Security
DRF
Disaster Relief Fund
FA
Federal Assistance
FEMA
Federal Emergency Management Agency
FLETC
Federal Law Enforcement Training Centers
FPS
Federal Protective Service
GAO
Government Accountability Office
HAS
Homeland Security Act of 2002 (P.L. 107-296)
ICE
U.S. Immigration and Customs Enforcement
MGMT
Management Directorate
NFIF
National Flood Insurance Fund
NPPD
National Protection and Programs Directorate
OBIM
Office of Biometric Identity Management
OIG
Office of Inspector General
OMB
Office of Management and Budget
OSEM
Office of the Secretary and Executive Management
O&S
Operations and Support
PC&I
Procurement, Construction, and Improvements
PID
Permanent indefinite discretionary spending
REPP
Radiological Emergency Preparedness Program
R&D
Research and Development
S&T
Science and Technology Directorate
TSA
Transportation Security Administration
USCG
U.S. Coast Guard
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USCIS
U.S. Citizenship and Immigration Services
USSS
U.S. Secret Service
Notes on Data and Citations
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
data, which are presented in each report’s tables. Amounts in narrative discussions may be
rounded to the nearest million (or 10 million, in the case of numbers larger than 1 billion), unless
noted otherwise.
Data Sources
Data used in this report for FY2021 annual appropriations are derived from the detail table in
H.Rept. 117-87. Aside from supplemental appropriations provided in Division M of P.L. 116-
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 for DHS in FY2021. Its funding was provided as mandatory appropriations, and
information on its content is drawn directly from the public law text.
Data for the FY2022 requested levels and House Appropriations Committee-recommended levels
of annual appropriations are also 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
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.
CBO vs. OMB Data
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
attempt to compare these data with OMB data because technical scoring differences at times do
not allow precise comparisons.
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
documentation—for consistency, OMB data on mandatory spending are no longer included in this
report.
61 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-
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.
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Author Information
William L. Painter
Specialist in Homeland Security and Appropriations
Disclaimer
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
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
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
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