Department of Homeland Security Appropriations: FY2022

Department of Homeland Security
March 24, 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 House Appropriations 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. This continuing resolution would ultimately be extended three times to
fund continued government operations through March 15, 2022.
On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy released drafts of nine
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 Committee 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 three times 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. Division B of P.L. 117-70 provided $147.5 million for the DHS Office of
the Secretary and Executive Management for DHS component expenses related to Operation Allies Welcome. In addition,
Division J of P.L. 117-58, which was enacted on November 15, 2021, 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.
On March 9, 2022, the House took up a consolidated appropriations measure as an amendment to H.R. 2471 (an unrelated
bill). After dividing the question, presenting the measure for approval in two multi-division segments, the House passed the
portion with Division F, the Department of Homeland Security Appropriations Act, 2022 by a vote of 361-69. The Senate
agreed to the House amendment the next day by a vote of 68-31, and President Biden signed the measure into law on March
15, 2022, as P.L. 117-103. According to the Congressional Budget Office, Division F included $57.50 billion in adjusted net
discretionary budget authority. This was $5.03 billion above the level requested by the Administration, and $5.62 billion
above the enacted level for FY2021.
This report provides an overview and analysis of FY2022 appropriations for the DHS. The primary focus of the report is on
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 .............................................................................................................. 3
Biden Administration FY2022 Request .............................................................................. 3
FY2022 House Appropriations Committee Action ............................................................. 3
FY2022 Continuing Appropriations ................................................................................... 3
FY2022 Senate Appropriations Committee Action ............................................................ 4
FY2022 Consolidated Appropriations ................................................................................ 4
Other FY2022 DHS Supplemental Appropriations ............................................................ 4

Summary of DHS Appropriations ................................................................................................... 5
The DHS Common Appropriations Structure ........................................................................... 6
Administrative and General Provisions .............................................................................. 7
DHS Appropriations: Summary by Component Type ............................................................... 8
Law Enforcement Operational Components ....................................................................... 9
Incident Response and Recovery Operational Components ............................................. 17
Support Components ......................................................................................................... 21
Headquarters Components ................................................................................................ 25
General Provisions ............................................................................................................ 29
For Further Information ................................................................................................................. 33

Tables
Table 1. Appropriations Legislation Referenced in this Report ...................................................... 1
Table 2. Budgetary Resources for Law Enforcement Operational Components, FY2021
and FY2022 ................................................................................................................................. 11
Table 3. Budgetary Resources for Incident Response and Recovery
Operational Components, FY2021 and FY2022 ........................................................................ 18
Table 4. Budgetary Resources for Support Components, FY2021 and FY2022 ........................... 22
Table 5. Budgetary Resources for Headquarters Components, FY2021 and FY2022 .................. 26
Table 6. DHS Policy Experts on DHS Components and Activities ............................................... 33

Table A-1. FY2021 and FY2022 302(b) Discretionary Allocations for DHS ............................... 38

Appendixes
Appendix A. Terminology ............................................................................................................. 36
Appendix B. Glossary of Abbreviations and Notes on Data and Citations ................................... 41

Contacts
Author Information ........................................................................................................................ 43
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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. It also includes information on supplemental appropriations for both
FY2021 and FY2022. 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
Fiscal Year /
Bill Number
Votes on
Type
(Report Number)
Latest Action
Passage
Notes
FY2021




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




Annual (House)
H.R. 4431 (H.Rept.
Report filed
n/a (reported out
No floor action.
117-87)
of 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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Fiscal Year /
Bill Number
Votes on
Type
(Report Number)
Latest Action
Passage
Notes
Annual (Senate)
Committee majority Bil introduced by
n/a
No subcommittee action.
draft / S. 3058
subcommittee
chaira
Annual
H.R. 2471, Div. F
Enacted as P.L.
House Rol Call
Part of a year-ending
(Explanatory
117-103,
65, 361-69; Senate
consolidated
Statement, 3/9/2022
3/15/2022
Rol Call Vote 78,
appropriations measure.
Congressional
68-31
Record (Part III))
Supplemental
H.R. 5305, Div. B
Enacted as P.L.
House Rol Call
Consolidated
and Div. C
117-43, 9/30/2021
311, 254-175;
appropriations measure
Senate Rol Cal
with an interim CR.
Vote 397, 65-35
Supplemental
H.R. 3684, Div. J
Enacted as P.L.
Senate Rol Cal
Supplemental
117-58,
Vote 314, 69-30;
appropriations measure
11/15/2021
House Rol Call
attached to infrastructure
Vote 369, 228-206 bil .
Supplemental
H.R. 6119, Div. B
Enacted as P.L.
House Rol Call
Consolidated
117-70, 12/3/2021
Vote 399, 221-
appropriations measure
212; Senate Rol
with an interim CR.
Call Vote, 69-28
Continuing
H.R. 5305, Div. A
Enacted as P.L.
House Rol Call
CR at the FY2021 rate for
Resolution
117-43, 9/30/2021
311, 254-175;
operations, expiring
Senate Rol Cal
12/3/2021.
Vote 397, 65-35
Continuing
H.R. 6119, Div. A
Enacted as P.L.
House Rol Call
Extends previous CR
Resolution
117-70, 12/3/2021
Vote 399, 221-
through 2/18/2022.
212; Senate Rol
Call Vote, 69-28
Continuing
H.R. 6617
Enacted as P.L.
House Rol Call
Extends previous CR
Resolution
117-86, 2/18/2022
Vote 39, 272-162;
through 3/11/2022.
Senate Rol Cal
Vote 64, 65-27
Continuing
H.J.Res. 75
Enacted as P.L.
House (vv); Senate Extends previous CR
Resolution
117-95, 3/11/2022
(vv)
through 3/15/2022.
Source: CRS Appropriations Status Table.
Notes: CR = continuing resolution; (vv) = voice vote.
a. 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. This was atypical—Senate appropriations
measures are traditionally marked up as substitute amendments to the House-passed measure.
Legislative Action on FY2022 DHS Appropriations
This section provides an overview of the legislative process for appropriations for DHS for
FY2022—from the Administration’s initial request, through enactment of continuing and
supplemental appropriations, and ultimately the enactment of the Consolidated Appropriations
Act 2022, which includes the Department of Homeland Security Appropriations Act, 2022 as
Division F.
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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
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. The CR would be extended twice more,
through March 15, 2022, but without further associated supplemental appropriations.

2 On April 9, 2021, the Biden Administration had released a “discretionary funding request” for the federal
government, an initial discussion of some of its priorities for the FY2022 budget year. The document did not include
complete details or information on revenues or mandatory spending that are included in the administration’s full
request.
3 This total evolved over the course of the process, owing in part to the changes in unobligated balances available for
rescission. Analyses in the report refer to the Congressional Budget Office’s (CBO’s) estimates as outlined in the detail
table at the end of H.Rept. 117-87.
4 For further information on the FY2021 continuing resolutions, see CRS Report R46953, 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 §2502, Division C of P.L. 117-42, but this was for
immigration-related activities at other agencies.
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FY2022 Senate Appropriations Committee Action
On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy
released drafts of nine appropriations measures that had yet to be marked up by the committee,
along with draft explanatory statements for each.6 Vice Chairman7 Senator Richard Shelby
criticized the move as partisan and unilateral, and indicated he would not support the bills, and
that an agreement on overall spending levels was needed to produce bills that he would support.8
A week later, S. 3058, an identical bill, was introduced by Senate Appropriations Committee
Subcommittee on the Department of Homeland Security Chairman Senator Christopher Murphy.9
The Senate Appropriations majority draft bill for DHS for FY2022 included $52.92 billion in
adjusted net discretionary budget authority. This was $70 million below the level requested by the
Administration, and $1.04 billion above the enacted annual level for FY2021.
FY2022 Consolidated Appropriations
On March 9, 2022, the House took up a consolidated appropriations measure as an amendment to
H.R. 2471 (an unrelated bill). After dividing the question, presenting the measure for approval in
two multi-division segments, the House passed the portion with Division F, the Department of
Homeland Security Appropriations Act, 2022 by a vote of 361-69. The House proceeded to
approve the remainder of the question, then sent the complete measure to the Senate. The Senate
agreed to the House amendment the next day by a vote of 68-31. President Biden signed the
measure into law on March 15, 2022, as P.L. 117-103. According to the Congressional Budget
Office, Division F included $57.50 billion in adjusted net discretionary budget authority. This was
$5.03 billion above the level requested by the Administration, and $5.62 billion above the enacted
level for FY2021. While there were multiple other divisions in P.L. 117-103, including
supplemental appropriations and extensions of certain DHS-related authorities in Division O,
there were no additional appropriations provided for DHS in other divisions.
Other FY2022 DHS Supplemental Appropriations
Aside from the supplemental appropriations noted above, 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. The remaining advance appropriations will
become available over the period of FY2023-FY2026.10

6 The draft bills and explanatory statements can be found on the Senate Appropriations Committee website at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills.
7 The leader of the minority party on the Senate Appropriations Committee.
8 U.S. Senate Committee on Appropriations, “Shelby: Democrats’ Partisan Bills Threaten FY22 Appropriations
Process,” press release, October 18, 2021, https://www.appropriations.senate.gov/news/shelby-democrats-partisan-
bills-threaten-fy22-appropriations-process.
9 For ease of citation, this is the version of the bill text referred to in discussion of the legislative language of the bills.
10 For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward
Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations
.
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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—included
 $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 or its provisions will advance in the legislative process; this
potential funding is not included in the analyses in this report.
Summary of DHS Appropriations
Generally, the homeland security appropriations bill includes all annual appropriations provided
to DHS, and allocates resources to every departmental component.11 In a typical year,
discretionary appropriations12 provide roughly two-thirds to three-fourths of the annual funding
for DHS operations, depending on how one accounts for disaster relief funding.13 The remainder
of the budget is composed of a mixture of fee revenues, trust funds, and mandatory spending.
FY2021 was not a typical budgetary year for DHS, due to the large amount of mandatory funding
provided to DHS in the American Rescue Plan Act (ARPA; P.L. 117-2). The $52.21 billion
provided in that bill was more than the adjusted net discretionary budget authority provided in the
annual appropriations measure for that year.
Annual appropriations measures for DHS are usually organized into five titles.14 The first four are
thematic groupings of components, while the fifth provides general direction to the department,
and sometimes includes provisions providing additional budget authority.

11 Although most appropriations are available for one year, not all appropriations are spent in the year they are
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.
12 Generally speaking, appropriations provided through annual legislation. For more detail, see Appendix A.
13 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
tables in the committee reports.
14 Although the House and Senate have generally produced symmetrically structured bills in the past, additional titles
are sometimes added by one of the chambers to address special issues. For example, in FY2017, the House and Senate
committee bills took different approaches to restructuring appropriations and departmental functions, and ultimately, a
sixth title was added to provide supplemental appropriations requested by the then-new Trump Administration.
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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 FY2017.15
Under the CAS, legacy appropriations structures were largely converted to a four-category
structure:
1. Operations and Support (O&S), which generally covers operating salaries and
expenses;
2. Procurement, Construction, and Improvements (PC&I), which funds
planning, development, engineering, purchase, and deployment of assets to
support component missions;
3. Research and Development (R&D), which provides resources needed to
identify, explore, and demonstrate new technologies and capabilities to support
component missions; and
4. Federal Assistance (FA), 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
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.

15 For FY2017 and FY2018, all DHS components requested appropriations under the Common Appropriations
Structure (CAS) except for the U.S. Coast Guard, due to constraints of its financial management system and statutory
authorizations. For FY2019, all the components’ requests generally conformed to the CAS.
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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
 operating expenses and salaries and expenses associated with flood insurance
operations;
 commissions and taxes of agents;
 interest on borrowings from the Treasury; and
 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.”16 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.
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.
Keeping these reorganizations and potential reorganization in mind is particularly important when comparing DHS
funding across measures with different structural proposals or multiple fiscal years.
Statutory changes made by two laws can be seen in recent DHS appropriations actions, and the FY2022 Act
included a specific exception to its restriction on Section 872 authority.

16 The detail table at the end of the explanatory statement notes the budget authority provided by these provisions, as
well as budget authority that scorekeeping rules mandate be included in the act’s total spending.
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Statutory Reorganization
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 reflected 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.
Executive Reorganization
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. Section 513 in the FY2022 Act mirrors the provision in H.R. 4431.
DHS Appropriations: Summary by Component Type
The following sections of the report discuss the appropriations provided for the department by
type of component. It groups the 15 components of DHS into the following structure:
Law Enforcement Operational Components (Title II)
 U.S. Customs and Border Protection
 Immigration and Customs Enforcement
 Transportation Security Administration
 U.S. Coast Guard
 U.S. Secret Service
Incident Response and Recovery Operational Components (Title III)
 Cybersecurity and Infrastructure Security Agency
 Federal Emergency Management Agency
Support Components (Title IV)
 U.S. Citizenship and Immigration Services
 Federal Law Enforcement Training Center
 Science and Technology Directorate
 Countering Weapons of Mass Destruction Office
Headquarters Components (Title I)
 Office of the Secretary and Executive Management
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 Departmental Management Directorate
 Intelligence, Analysis, and Operations Coordination
 Office of Inspector General
Each group’s and component’s role is briefly described below, and their FY2021 enacted and
FY2022 requested, proposed, and enacted 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.”17
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.”18
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.”19
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
component not only of DHS, but also of the intelligence community, and of the U.S. Armed
Forces.20
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.21
Table 2 includes a breakdown of budgetary resources provided to these components controlled
through appropriations legislation. Aside from transfers, italicized references to offsetting
collections are for information only and do not contribute to the totals (see the text box below for
an explanation).

17 Department of Homeland Security, Budget-in-Brief, Fiscal Year 2022, Washington, DC, https://www.dhs.gov/sites/
default/files/publications/dhs_bib_-_web_version_-_final_508.pdf (hereinafter Budget-in-Brief), p. 23.
18 Budget-in-Brief, p. 29.
19 Budget-in-Brief, p. 36.
20 Budget-in-Brief, p. 43.
21 Budget-in-Brief, p. 50.
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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, the detail tables presented over the course of the FY2022 appropriations cycle 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 disaster relief and
therefore do not “score.” Separately reflected in the table are smal discretionary scoring amounts for the effect
of changes in mandatory programs (CHIMPS)—the cost of the first year of which adds to the discretionary total of
the bil . The discretionary totals in this report do not reflect offsetting col ections, which appear for information in
the tables in italics (as do subdivisions of the Disaster Relief Fund, or DRF), nor do they include funding designated
as an emergency requirement. 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. Some of the supplemental
appropriations from P.L. 117-58, Division J, were advance appropriations, unavailable for use in FY2022. Those
advance appropriations are not presented in this report’s analyses, as they focus on those resources made
available for FY2022.
This report factors total annual discretionary appropriations, the mandatory spending line, the effects of transfers
between components, and emergency-designated and supplemental appropriations into a projected budgetary
resources
total. This total, not reflected directly in the appropriations committee-developed 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 total projected budgetary resources listed in the table.
Notes: The totals in this table do not take into account the budgetary effects of offsetting col ections, or
rescissions of prior year budget authority. Factoring in these elements would generate a net discretionary
appropriations
total that does not speak as 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.
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Table 2. Budgetary Resources for Law Enforcement Operational Components,
FY2021 and FY2022
(budget authority in thousands of dollars)

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





O&S
12,908,923
13,426,809
13,562,809
13,605,535
13,756,194
PC&I
1,839,634
925,780
333,780
717,398
572,083
CBP Services at User Fee Facilities
9,000
9,000
9,000
9,000
9,000
(PID)
Global Entry Program (PID)
199,939
167,000
167,000
167,000
167,000
Border Patrol hiring (AP)




100,000
Colombia Free Trade Act
281,000
206,000
206,000
206,000
206,000
col ections (AP)
Reimbursable preclearance (AP)
39,000
39,000
39,000
39,000
39,000
Recording obligations related to

50,000



real property agreements (AP)
Immigration and custom fee
840,000




shortfall appropriation (emergency,
Title V)
Immigration and custom fee




650,000
shortfall appropriation
(discretionary, Title V)
Border management requirements




993,792
(discretionary, Title V)
Total Annual Discretionary
15,277,496
14,823,589
14,317,589
14,743,933
16,493,069
Appropriations
Offsetting Collection (Global Entry and
-238,939
-206,000
-206,000
-206,000
-206,000
Preclearance)
Fees, Mandatory Spending, and
2,408,906
1,601,034
1,601,034
1,601,034
1,601,034
Trust Funds
Supplemental Appropriations





O&S (emergency, P.L. 117-58, Div.




330,000
J)
Procurement, Construction, and




100,000
Improvements (emergency, P.L.
117-58, Div. J)
Total Budgetary Resources
18,526,402
16,424,623
15,918,623
16,344,967
18,524,103
ICE





O&S
7,875,730
7,939,786
7,820,275
7,882,019
8,206,526
PC&I
97,799
51,700
51,700
51,700
51,700
FA


100,000


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FY2021
FY2022
SAC
Annual
HAC-
Majority
Budget
Reported
Draft
Component / Appropriation
Enacted
Request
H.R. 7669
(S. 3058)b
Enacted
Transfer to FEMA


100,000


Non-detention border management




239,658
requirements (Title V)
Total Annual Discretionary
7,973,529
7,991,486
7,971,975
7,933,719
8,497,884
Appropriations
Fees, Mandatory Spending, and
376,610
379,610
379,610
379,610
379,610
Trust Funds
Total Budgetary Resources
8,350,139
8,371,096
8,351,585
8,313,329
8,877,494
TSA





O&S
7,793,715
8,094,787
8,072,443
8,094,787
8,091,193
Vetting Fee Programs
353,964
200,000
200,000
200,000
200,000
PC&I
134,492
134,492
156,836
134,492
160,736
R&D
29,524
35,532
35,532
35,532
35,532
Total Annual Discretionary
8,311,695
8,464,811
8,464,811
8,464,811
8,487,461
Appropriations
Offsetting Collections (O&S and
-3,293,964
-2,310,000
-2,310,000
-2,310,000
-2,310,000
Vetting Fee Programs)
Fees, Mandatory Spending, and
255,500
256,000
256,000
256,000
256,000
Trust Funds
Total Budgetary Resources
8,567,195
8,720,811
8,720,811
8,720,811
8,743,461
USCG





O&S
8,485,146
9,020,770
9,144,070
9,066,020
9,162,120
PC&I
2,264,041
1,639,100
1,817,100
1,711,600
2,030,100
R&D
10,276
7,476
7,476
7,476
7,476
Health Care Fund Contribution
215,787
240,577
240,577
240,577
240,577
(PID)
Coast Guard Housing Fund (AP)
4,000
4,000
4,000
4,000
4,000
Coast Guard Museum (AP)



50,000
50,000
Total Annual Discretionary
10,979,250
10,911,923
11,213,223
11,079,673
11,494,273
Appropriations
Offsetting Collections for USCG
-4,000
-4,000
-4,000
-4,000
-4,000
Housing (AP)
Fees, Mandatory Spending, and
1,869,704
1,963,519
1,963,519
1,963,519
1,963,519
Trust Funds
Supplemental Appropriations





O&S (emergency, P.L. 117-58, Div.




5,000
J)
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FY2021
FY2022
SAC
Annual
HAC-
Majority
Budget
Reported
Draft
Component / Appropriation
Enacted
Request
H.R. 7669
(S. 3058)b
Enacted
PC&I (emergency, P.L. 117-58, Div.




429,000
J)
Total Budgetary Resources
12,848,954
12,875,442
13,176,742
13,043,192
13,891,792
USSS





O&S
2,373,109
2,514,758
2,518,658
2,520,528
2,554,729
PC&I
52,955
54,849
54,849
54,849
54,849
R&D
11,937
2,310
2,310
2,310
2,310
Total Discretionary
2,438,001
2,571,917
2,575,817
2,577,687
2,611,888
Appropriations
Total Budgetary Resources
2,438,001
2,571,917
2,575,817
2,577,687
2,611,888
Title II Components Total
44,979,971
44,763,726
44,543,415
44,799,823
47,584,575
Annual Appropriations
Title II Components Total




864,000
Supplemental Appropriations
Title II Components Projected
50,730,691
48,963,889
48,743,578
48,999,986
52,648,738
Total Gross Budgetary
Resources

Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F,
and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-
produced draft appropriations bil and explanatory statement released on October 18, 2021.
Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal
year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations
Committee; CBP = U.S. Customs and Border Protection; ICE = U.S. Immigration and Customs Enforcement;
TSA = Transportation Security Administration; USCG = U.S. Coast Guard; USSS = U.S. Secret Service. PID =
Permanent Indefinite Discretionary spending item, scored against the bil but not included in its text; AP =
Administrative Provision.
b. 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.22 The FY2022 Act included 36. The following subsections track changes from prior-year
administrative provisions, starting with discussions of the Biden Administration’s proposed
changes to the administrative provisions, then those proposed in H.R. 4431 and S. 3058. The
discussion is mostly grouped by component, but as some of the proposals involved both CBP and
ICE, those two components are grouped together.


22 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, pp. 1197-
1199. Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.
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CBP and ICE
The Administration proposed dropping two provisions (209 and 210) that directed the spending of
CBP’s Procurement, Construction, and Improvements (PC&I) appropriation. Both FY2022 bills
dropped those provisions, but Sec. 209 in the FY2022 Act divides the entire appropriation among
four subappropriations—the FY2021 version had only directed a portion of the appropriation.
Section 210, which provided for border barrier construction funding, was dropped.
The Biden Administration proposed a slight modification to the FY2021 Act’s 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 FY2022 Act maintains the existing reporting requirement and the multi-
year withholding.
The Administration also suggested adding four other administrative provisions, directed at CBP
and ICE.
 One proposed provision 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, and the provision was not included in the FY2022 Act.
 Another proposed provision would have 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.) None of these provisions were included in the FY2022 Act.
 A third proposed provision would have allowed deobligated CBP border barrier
construction funds to be used for other purposes. H.R. 4431 included a new
Section 211, which would have allowed $100 million in funds previously
appropriated for border barrier construction to be used for mitigation activities
related to border barrier construction on federal lands. Neither of these provisions
were included in the FY 2022 Act.
 A final proposed administrative provision would have rescinded unobligated
balances provided for border barrier construction. 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. While a $10 million
rescission was taken from CBP’s FY2021 Procurement, Construction and
Improvements appropriation in the FY2022 Act, this particular broad
rescission—estimated by CBO at $1.9 billion—was not included.
These were not the only substantive changes to the Title II administrative provisions for CBP and
ICE proposed in the two bills:
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 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 continued to carry it, as did the FY2022 Act.23
 Both bills dropped the former Section 213 from the FY2021 Act, which provided
broad authority to reprogram funding to ICE for detention costs for aliens
prioritized for removal. The provision is included in the FY2022 Act as Section
216.
 Section 212 of H.R. 4431 included some additional limitations on the 287(g)
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. The FY2022 Act
maintained the current law restriction in Section 214.
 Section 217 of the FY2021 act continued to carry forward the conditions of
Sections 216 and 217 of the FY2020 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 would have taken 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
included the extension of the provisions as previously drafted, as does Section
218 of the FY2022 Act.
 Sections 217 and 218 of H.R. 4431 would have directed DHS to take steps to
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 did not include those provisions, nor did the FY2022 Act.
 Section 219 of H.R. 4431 and Section 234 of S. 3058 would have required DHS
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. Neither of these provisions was included in
the FY2022 Act.

23 P.L. 117-103, Div. J, Sec. 211.
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 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. Neither of these provisions was included in the FY2022 Act.
 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 contained no similar
requirement, and no such provisions were included in the FY2022 Act.
 Section 211 of the FY2022 Act was a new provision that continued restrictions
on the construction of border fencing in certain areas that were carried in the
FY2021 Act.
 Section 212 of the FY2022 Act was a new one-time provision that raised the
statutory limit on the number of rescue beacons that could be maintained from
170 to 250.
 Section 213 of the FY2022 Act was a new provision that provided an additional
$100 million for Border Patrol hiring and contractors, retention and relocation
incentives, and contract support.
 Section 217 of the FY2022 Act was a new provision continuing by reference
public reporting by ICE on detentions and Alternatives to Detention program
activities required in the FY2020 Act24 with parameter modifications made in the
FY2021 Act.25
TSA
 The Administration requested dropping Section 223 of the FY2021 Act from the
FY2022 iteration. The section was a two-year extension of a pilot program for
passenger screening outside an existing primary passenger terminal screening
area. Both bills dropped it, and it was not included in the FY2022 Act.
 Both bills also dropped the former Section 221, which barred the use of funds for
TSA ceasing to staff airport sterile area exit points, and it was not included in the
FY2022 Act.
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. While S. 3058 continued with the original
provision with the name change, Section 227 of H.R. 4431 also provided an
additional $10 million in flexibility for reprogramming within the “Field
Operations” subcategories. The FY2022 Act included the broader authority as
Section 224.
 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

24 P.L. 116-93, Division D, Section 218.
25 P.L. 116-260, Division M, Section 216.
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Sections 223, 224, and 225, and they appeared in the FY2022 Act as Sections
227, 228, and 229.
 H.R. 4431 included a new Section 236 which would have restricted new fees on
inspections of certain towing vessels. A similar restriction was included as
Section 231 in the FY2022 Act.
 S. 3058 included a new Section 233 which would have provided a $50 million
grant to the National Coast Guard Museum Association. The section was
included in the FY2022 Act as Section 232.
USSS
No substantive changes were proposed to administrative provisions affecting the USSS, or made
in the FY2022 Act.
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 overall budget of any DHS component—and the most variable appropriated budget
largely driven by disaster programs authorized under the Stafford Act. FEMA’s overall budget
that also includes nonappropriated funding for the National Flood Insurance Program. Title III
also includes funding for the recently 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.
Components and Missions
Cybersecurity and Infrastructure Security Agency (CISA): CISA 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.”26
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.27
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 only reflects the
impact of transfers in the budgetary resource totals. Aside from transfers, italicized references to
offsetting collections and the DRF are for information only and do not contribute to the totals.

26 Budget-In-Brief, p. 55.
27 Budget-In-Brief, p. 61.
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Table 3. Budgetary Resources for Incident Response and Recovery
Operational Components, FY2021 and FY2022
(budget authority in thousands of dollars)

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





O&S
1,662,066
1,691,520
1,927,750
2,077,585
1,992,527
PC&I
353,479
418,179
467,167
530,562
590,698
Cybersecurity Response and

20,000
20,000
20,000

Recovery Fund
R&D
9,431
3,931
7,431
9,931
10,431
Total Annual Discretionary
2,024,976
2,133,630
2,422,348
2,638,078
2,593,656
Appropriations
Supplemental Appropriations





O&S (emergency, P.L. 117-58, Div. J)




35,000
Cybersecurity Response and




20,000
Recovery Fund (emergency, P.L. 117-
58, Div. J)
Mandatory Spending (P.L. 117-2)
650,000




Total Budgetary Resources
2,674,976
2,133,630
2,422,348
2,638,078
2,648,656
FEMA




O&S
1,129,282
1,232,162
1,262,966
1,391,121
1,245,859
PC&I
105,985
188,212
188,212
191,212
209,985
FA
3,294,892
3,302,470
3,525,017
3,496,604
3,633,199
DRF
17,142,000
19,799,000
18,799,000
18,799,000
18,799,000b
Disaster relief designation
17,142,000
19,299,000
18,799,000
18,799,000
18,799,000
DRF - Climate

500,000



DRF base funding





National Flood Insurance Fund
204,412
214,706
204,000
214,706
214,706
(NFIF)
Radiological Emergency
34,000
33,630
33,630
33,630
33,630
Preparedness Program (REPP) (AP)
Presidential Residence Protection
12,700


3,000
3,000
(Title V)
Emergency Food and Shelter (Title




150,000
V)
Total Annual Discretionary
21,923,271
25,270,180
24,012,825
24,129,273
24,289,379
Appropriations
Offsetting Collections (NFIF and REPP)
-238,412
-248,336
-237,630
-248,336
-248,336
Transfers to FA from other components
25,000
25,000
135,000
20,000
35,000
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FY2021
FY2022
SAC
HAC-
Majority
Reported
Draft
Component / Appropriation
Enacted
Request
H.R. 7669
(S. 3058)a
Enacted
Supplemental Appropriations





FA (emergency, P.L. 117-43; P.L.




1,033,000
117-58)
DRF, Major Disasters (emergency,
2,000,000



200,000
P.L. 116-260; P.L. 117-58)
DRF (mandatory, P.L. 117-2)
50,000,000




Total Budgetary Resources
73,948,271
25,295,180
24,147,825
24,149,273
25,557,379
Title III Components Total
23,948,247
27,403,810
26,435,173
26,767,351
26,883,035
Annual Appropriations
Title III Components Total
52,650,000



1,288,000
Supplemental Appropriations
Title III Components Projected
76,623,247
27,428,810
26,570,173
26,787,351
28,206,035
Total Gross Budgetary
Resources

Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F,
and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-
produced draft appropriations bil and explanatory statement released on October 18, 2021.
Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal
year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations
Committee; CISA = Cybersecurity and Infrastructure Security Agency; FEMA = Federal Emergency Management
Agency; DRF = Disaster Relief Fund; AP = Administrative Provision.
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 within the component.
Community Project Funding / Congressionally Directed Spending
The FY2022 Act is the first Department of Homeland Security Appropriations Act since FY2010 to include project
funding requested by individual Representatives and Senators. The FY2022 Act includes $205 mil ion in additional
funding specifically provided for such projects under the Federal Assistance Appropriation for FEMA, divided
among three grant programs. According to the FY2022 Act, which provides specific subappropriations for the
earmarks by programs, and accompanying explanatory statement, which lists specific projects:

$154 mil ion for 68 projects funded through Pre-disaster Mitigation Grants;

$49 mil ion for 53 projects funded through the Emergency Operations Center Grant Program; and

$150,000 for one project funded through the Nonprofit Security Grant Program.
$2 mil ion was included for FEMA’s costs of managing and administering their share of these projects.
A complete list of approved projects in the FY2022 DHS Appropriations Act is included in the appropriations
committees’ explanatory statement, printed on pages H2422-H2432 of the March 9, 2022, Congressional Record,
Part III.

In addition, the House Appropriations Committee provided complete listings of Member requests, projects
included in H.R. 4431 and H.Rept. 117-87, and ultimately enacted in P.L. 117-103. The listings can be found
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under a tab labeled “Transparency” on the committee website, or linked directly at
https://appropriations.house.gov/transparency/fiscal-year-2022.

The Senate Appropriations Committee provided similar information on their website under the “About the
Committee” tab or directly at https://www.appropriations.senate.gov/fy-2022-appropriations-requests-and-
congressionally-directed-spending.
Title III Administrative Provisions
There were 11 administrative provisions included in Title III of the FY2021 DHS Appropriations
Act.28 The FY2022 Act also included 11. The following subsections note changes from prior-year
administrative provisions.
CISA
Several new unrequested administrative provisions pertaining to CISA were included in the
FY2022 bills:
 Both bills included a new Section 302 that would have directed the Under
Secretary for Management to submit to Congress an unfunded priorities list for
CISA. However, Section 536 of the FY2022 Act continued a prior year
requirement for an unfunded priorities list for activities across the department
included in the defense budget function29—more than 95% of CISA funding falls
into that category, and CISA has 78% of the annual appropriations for DHS that
fall into that category.
 Both bills included a new Section 303 that would have required a monthly report
on the status of resources in the newly created Cyber Response and Recovery
Fund. This provision was not included in the FY2022 Act, as both Fund
resources and the reporting requirement were included in P.L. 117-58, Division
J.30
 H.R. 4431 included a new Section 304, which would have required 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.”31 S. 3058 included no such provision,
and it was not included in the FY2022 Act.
 The FY2022 Act included a new Section 302 which allowed CISA Operations
and Support funding to be used to provide access to cybersecurity threat feeds for
federal, state, local, tribal, and territorial government entities, fusion centers, and
Information Sharing and Analysis Organizations.32
FEMA
Most of the administrative provisions in the bills pertain to FEMA.

28 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, p. 1210.
Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.
29 This requirement was carried in the FY2021 bill as Section 537.
30 135 Stat. 1385.
31 H.R. 4431, §304(a).
32 Information Sharing and Analysis Organizations (ISAOs) are groups of private and/or public sector organizations
that share information on cybersecurity threats and vulnerabilities.
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 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 bill
continued the provision, and it was not included in the FY2022 Act.
 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, and it was not included in the FY2022 Act.
 The Administration proposed adding a new provision which would have allowed
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. The new provision was not included in the FY2022
Act.
 Both bills included a new section (311 in H.R. 4431, 310 in S. 3058) which
would have made some of the DRF funding from ARPA (P.L. 117-2) available for
the BRIC program to mitigate the effects of climate change, and provided $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, would have shifted $500 million of unobligated DRF
base funding to pay the costs of major disasters. These provisions were not
included in the FY2022 Act; however, $200 million in FY2022 DRF funding and
$800 million in advance appropriations were included in P.L. 117-58, Division J
for BRIC.33
 H.R. 4431 included a new administrative provision which would have increased
the federal cost share for a range of Stafford Act programs to 90% for disasters
declared or occurring in calendar year 2020.34 A broader provision was included
as Section 311 of the FY2022 Act which provided similar relief for Stafford Act
emergencies or disasters that were declared or occurred in calendar years 2020 or
2021.
 H.R. 4431 also included a new administrative provision which would have
canceled the outstanding balances on all Community Disaster Loans as of June
30, 2021.35 The provision was not included in the FY2022 Act; however, P.L.
117-43, Division B, Section 1601 had already canceled the outstanding balances
as of September 30, 2021.
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.

33 135 Stat. 387.
34 H.R. 4431, §314.
35 H.R. 4431, §315.
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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.36
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.37
Science and Technology Directorate (S&T): S&T leads and coordinates research, development,
testing, and evaluation work for DHS, and supports departmental acquisitions.38
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.39
Table 4 includes a breakdown of budgetary resources provided to these components controlled
through appropriations legislation.
Table 4. Budgetary Resources for Support Components, FY2021 and FY2022
(budget authority in thousands of dollars)

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





O&S
117,790
459,504
459,504
459,504
389,504
FA
10,000
10,000
15,000
20,000
20,000
H-2B Returning Worker amendment


7,000
7,000

(AP, CHIMP)
Unused Visa Rol over (AP, CHIMP)


1,000
1,000

Total Annual Discretionary
127,790
469,504
482,504
487,504
409,504
Appropriations
Fees, Mandatory Spending, and Trust
4,931,873
4,291,280
4,291,280
4,721,510
4,822,137
Funds
Supplemental Appropriations





Immigration Examination Fee Account




193,000
Appropriation (Emergency, P.L. 117-
43, §2501)
Total Budgetary Resources
5,059,663
4,760,784
4,773,784
5,209,014
5,424,641

36 Budget-In-Brief, p. 68.
37 Budget-In-Brief, p. 73.
38 Budget-In-Brief, p. 77.
39 Budget-In-Brief, p. 83.
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FY2021
FY2022
SAC
HAC-
Majority
reported
Draft
Component / Appropriation
Enacted
Request
H.R. 7669
(S. 3058)a
Enacted
FLETC





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





O&S
302,703
310,590
310,590
325,590
330,590
PC&I
18,927
8,859
8,859
12,859
12,859
R&D
443,928
503,454
510,954
530,454
542,954
Total Discretionary
765,558
822,903
830,403
868,903
886,403
Appropriations
Supplemental Appropriations





R&D (Emergency, P.L. 117-58)




157,500
Total Budgetary Resources
765,558
822,903
830,403
868,903
1,043,903
CWMD





O&S
179,892
157,200
162,200
171,750
176,750
PC&I
87,413
71,604
76,604
71,604
76,604
R&D
65,309
65,709
65,709
65,709
65,709
FA
69,663
132,948
132,948
132,948
132,948
Total Discretionary
402,277
427,461
437,461
442,011
452,011
Appropriations
Total Budgetary Resources
402,277
427,461
437,461
442,011
452,011
Title IV Components Total
1,635,973
2,075,504
2,106,004
2,154,054
2,103,554
Annual Discretionary
Appropriations

Title IV Components Total




350,500
Supplemental Appropriations
Title IV Components Projected
6,567,846
6,366,784
6,397,284
6,875,564
7,276,191
Total Gross Budgetary Resources
Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F,
and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-
produced draft appropriations bil and explanatory statement released on October 18, 2021.
Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal
year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations
Committee; USCIS = U.S. Citizenship and Immigration Services; FLETC = Federal Law Enforcement Training
Center; S&T = Science and Technology Directorate; CWMD = Office of Countering Weapons of Mass
Destruction; AP = Administrative Provision; CHIMP = Change in Mandatory Program, which results in a charging
back of a provision’s budgetary effect to the bil .
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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 IV Administrative Provisions
There were seven administrative provisions included in Title IV of the FY2021 DHS
Appropriations Act.40 Eight were included in the FY2022 Act.
USCIS
 The Administration proposed a new provision which would have allowed 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 in both H.R. 4431 and S. 3058, and was
included as Section 404 of the FY2022 Act.
 The Administration proposed a new provision which would have allowed $2,500
in fee revenues to be used for official reception and representation expenses.
Neither H.R. 4431 nor S. 3058 included this administrative provision, although a
similar proviso was included in the USCIS Operations and Support appropriation
in H.R. 4431, allowing up to $10,000 of appropriated funds to be used for this
purpose. The FY2022 Act included a similar appropriations proviso that allowed
$2,500 to be used thusly.
 Both bills included a new provision which would have increased the overall level
of family-sponsored immigrants and employment-based immigrants by the
number of unused visas authorized under current law for FY2020 and FY2021.
The new section, which also included direction on the allocation and
management of the additional visas, appeared as Section 409 in H.R. 4431 and
Section 414 in S. 3058. The provision was not included in the FY2022 Act.
 Both bills included a new provision which would have allowed 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 was included in S.
3058 as Section 415. The provision was not included in the FY2022 Act.
 Both bills included a new provision that would have allowed 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
was included in S. 3058 as Section 413. The provision was not included in the
FY2022 Department of Homeland Security Appropriations Act, but this authority
was provided for in the FY2022 continuing resolution by its reference in Section
105 to Division O of P.L. 116-260.41 Section 204 of Division O of the
Consolidated Appropriations Act, 2022 is identical to the provision in question.
 A new provision was included in H.R. 4431 that would have allowed 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

40 Descriptions of these provisions can be found in House Committee Print 43-479, Book 1, March 1, 2021, p. 1217.
Book I is available at https://www.congress.gov/117/cprt/HPRT43749/CPRT-117HPRT43749.pdf.
41 DHS exercised the authority to make available 20,000 additional visas on December 20, 2021. See
https://www.dhs.gov/news/2021/12/20/first-time-dhs-supplement-h-2b-cap-additional-visas-first-half-fiscal-year.
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markup on a voice vote. It was not included in S. 3058. The provision was not
included in the FY2022 Act.
FLETC
 The Administration proposed continuing and modifying Section 406 of the
FY2021 DHS Appropriations Act, which in the past has allowed FLETC to
accept transfers from other federal agencies requesting the construction of special
facilities, but maintain administrative control and ownership of the new facilities.
The modification would have specified that permissible transfers would include
USCIS fee revenues. The provision, but not the modification, was included in the
FY2022 Act as Section 407.
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.42
Departmental Management Directorate (MGMT):43 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);
 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).44
Intelligence, Analysis, and Operations Coordination (A&O): A&O covers two separate
offices:

42 Budget-In-Brief, p. 10.
43 This is DHS’s acronym of choice for this component.
44 Budget-In-Brief, p.10. Together, the Office of the Secretary and Executive Management (OSEM) and the
Departmental Management Directorate (MGMT) sometimes are referred to as Departmental Management and
Operations (DMO).
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 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”;45 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].”46
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.47
Table 5 provides a breakdown of the budgetary resources provided to these components
controlled through appropriations legislation. The table only reflects the impact of transfers in the
budgetary resource totals, and only in cases where the bill provides for a specific amount. Aside
from transfers, italicized references are for information only and do not contribute to the totals.48
Table 5. Budgetary Resources for Headquarters Components, FY2021 and FY2022
(budget authority in thousands of dollars)

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





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





O&S (emergency, P.L. 117-70, Div. B)




147,456
Total Budgetary Resources (after
180,819
224,747
233,153
221,555
383,509
transfer)
MGMT





O&S
1,398,162
1,653,553
1,653,553
1,658,553
1,637,009
PC&I
214,795
396,816
511,816
346,371
491,816
PC&I (emergency funding, Title V)




49,500

45 Budget-In-Brief, p. 16.
46 Budget-In-Brief, p. 16.
47 Budget-In-Brief, p. 20.
48 At times, the DHS OIG receives transfers that are described as percentages of totals, transfers up to a certain amount,
or permissive (“may” as opposed to “shall” transfer). Those are not included in this table or the calculations in this
report.
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FY2020
FY2021
SAC
HAC-
Majority
reported
Draft
Component / Appropriation
Enacted
Request
H.R. 7669
(S. 3058)a
Enacted
FPS
1,588,748
1,653,384
1,625,000
1,625,000
1,653,384
Total Annual Discretionary
3,201,705
3,703,753
3,790,369
3,629,924
3,912,709
Appropriations
Offsetting Collections (FPS)
1,588,748
1,653,384
1,625,000
1,625,000
1,653,384
Total Budgetary Resources
3,201,705
3,703,753
3,790,369
3,629,924
3,962,209
IA&O





O&S
298,500
320,620
320,620
320,620
298,171
Total Annual Discretionary
298,500
320,620
320,620
320,620
298,171
Appropriations
Total Budgetary Resources
298,500
320,620
320,620
320,620
298,171
OIG





O&S
190,186
205,359
205,359
205,359
205,359
Total Annual Discretionary
190,186
205,359
205,359
205,359
205,359
Appropriations
Supplemental Appropriations





O&S (emergency, by transfer)




* b
Total Budgetary Resources
190,186
205,359
205,359
205,359
205,359
Title I Components Total Annual
3,896,210
4,479,479
4,584,501
4,397,458
4,687,292
Discretionary Appropriations
Title I Components Total




147,456
Supplemental Appropriations
Title I Components Projected
3,871,210
4,454,479
4,549,501
4,377,458
4,849,248
Total Gross Budgetary Resources
Sources: CRS analysis of P.L. 116-260, Divisions F and M and its explanatory statement; P.L. 117-103, Division F,
and its explanatory statement; H.R. 4431 and H.Rept. 117-87; the Senate Appropriations Committee majority-
produced draft appropriations bil and explanatory statement released on October 18, 2021.
Notes: Data do not reflect the impact of rescissions or advance appropriations not available in a given fiscal
year. “—” reflects a known zero value. HAC = House Appropriations Committee; SAC = Senate Appropriations
Committee; OSEM = Office of the Secretary and Executive Management; MD = Management Directorate; A&O
= Intelligence, Analysis, and Operations Coordination; OIG = Office of the Inspector General.
a. While this column is populated with data drawn from the explanatory statement accompanying the Senate
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. Section 501 of P.L. 117-58, Division J provided that 0.25% of the appropriations that become available from
that measure in a given fiscal year shall be transferred to the DHS OIG for oversight activities. For FY2022
this would translate into roughly $7.7 mil ion.
Title I Administrative Provisions
There were six administrative provisions included in Title I of the FY2021 DHS Appropriations
Act. The Administration proposed repeating all of them in the FY2022 bill:
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 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).
Both bills proposed dropping Section 106, and that section was not included in the FY2022 Act.
Section 101 in H.R. 4431 included a modification in the initial due date from October 15 to 15
days after enactment. In the FY2022 Act, the due date remained unmodified.
Several new administrative provisions were added.
H.R. 4431 included a new Section 106 requiring a quarterly progress report to the appropriations
committees on major acquisition programs49 for DHS. The requirement would have covered all
acquisition programs costing more than $300 million over their lifecycle on the DHS Master
Acquisition Oversight List.50 All such programs from the point that a program manager has begun
to review approaches to meeting a capability need to full operational capability were to be
included, including those programs removed from the list in the preceding quarter. S. 3058
included no such provision, but a markedly similar provision requiring quarterly briefings with
similar parameters was included as Section 106 in the FY2022 Act. It also required the Under
Secretary for Management to submit each approved acquisition decision memorandum for the
programs covered by this section to the appropriations committees no later than five days after
their approval.
H.R. 4431 included a new Section 107 that would have required reporting from the DHS
Secretary to the appropriations committees before undertaking pilot or demonstration projects. S.
3058 included no such provision, but Section 107 of the FY2022 Act mirrored the provision from
H.R. 4431, except with the reporting requirement falling to the Under Secretary for Management.
Section 108 of the FY2022 Act was a new provision which clarified that supplemental funding to
OSEM in P.L. 117-70 could be used to reimburse airports and airport operators for activities
directly and demonstrably related to Operation Allies Welcome.

49 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special
management attention because of its: (1) importance to an agency’s mission; (2) high development, operating, or
maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency’s programs,
finances, property, or other resources.”
50 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.
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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. The FY2022 Act included 48 general provisions.
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 from the FY2021 Act:
 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, as did
the FY2022 Act, as Section 515.
 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. The FY2022 Act included this provision as section
540.
 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, and would have provided $3.0 million—down
from $12.7 million in FY2021. The FY2022 Act continued this provision as
Section 528, and provided $3 million.
 Section 536, which required the Administration, in the event that it provided a
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 it,51 as did the
FY2022 Act.52
 Section 537, which required the Administration to 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, as
noted above, an administrative provision in each bill would have required such a
list to be provided by CISA,53 and the draft Senate committee majority
explanatory statement would have directed the USCG to provide one as well.54

51 S. 3058, §534.
52 P.L. 117-103, Division F, §534.
53 H.R. 4431, §302; S. 3058, §302.
54 Senate Appropriations Committee, “Explanatory Statement for the Homeland Security Appropriations Bill, 2022,”
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The FY2022 Act included a slightly modified version of the FY2021 provision as
Section 536, with the reporting responsibility falling to the Under Secretary for
Management.
 Section 538, which provided for a one-time transfer of unobligated balances from
FY2020 to fund an electronic health records system for the department. Both
H.R. 4431 and S. 3058 dropped this provision, and the FY2022 Act did not
include it.
 Section 541, which provided $840 million in emergency funding to make up for
shortfalls in customs and immigration inspection fees. Both H.R. 4431 and S.
3058 dropped this provision. However, $650 million in discretionary
appropriations was provided in Section 542 for this same end in the FY2022 Act.
 Section 542, which required reporting on decisions to provide or terminate
federal protection for any former or retired government official, including
information on threat assessment, scope, cost, and duration. H.R. 4431 dropped
this provision, but S. 3058 continued the provision.55 Section 537 of the FY2022
Act expanded the notification requirement, and required an additional report on
protected officials, and the scope and associated costs of protection.
The Administration proposed modifying the following provisions:
 Section 523, which restricted large-scale DHS attendance at international
conferences. The proposed modification would have allowed 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, as did the FY2022 Act in Section 522.
 Section 525, which restricted obligating funds for structural pay reform without
certain reporting. The modification would have allowed 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. H.R.
4431 would have allowed such obligations if the proposal was in the budget
request and not specifically restricted in the current appropriations act or its
accompanying explanatory statement. Section 524 of the FY2022 Act included a
restriction similar to the House provision, broadened to include new position
classifications as well.
 Sections 539 and 540, which listed amounts and accounts for rescissions of prior-
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 section each with rescissions.56 The FY2022 Act
included several sections with rescissions:
o Section 544 rescinded $130.5 million in unobligated balances for CBP
appropriations for facility construction and improvements, and
reappropriated them to the Management Directorate for development of two

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, at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills.
55 S. 3058, §535.
56 H.R. 4431, §535; S. 3058, §539.
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permanent joint processing centers to help address the situation on the U.S.-
Mexico border.
o Section 545 rescinded $49.5 million in emergency funding for prior years
that had been provided to CBP for the development of joint processing
centers, and reappropriated it to the Management Directorate for the same
purpose.
o Section 546 rescinded $237 million in unobligated balances available in
various active and legacy accounts at DHS.
o Section 547 rescinded $42 million in lapsed Operations and Support
appropriations from 14 components.
The Administration proposed adding the following three provisions:
 A provision that would have authorized DHS to deploy any of its resources to
deal with a rise in the number of undocumented migrants at the southwest border,
without reimbursement between components. This provision was not included in
either bill, or in the FY2022 Act.
 A provision that would have allowed the use of any funds made available for
immigration law enforcement to be used for reunification of children and parents
separated at the U.S.-Mexico border during the Trump Administration. A similar
administrative provision was included in each bill,57 but was not included in the
FY2022 Act.
 A provision that would have allowed 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 included
mechanisms to provide resources for this purpose.58 Section 538 of the FY2022
Act created a “Department of Homeland Security Nonrecurring Expenses Fund”
which can receive unobligated appropriations up to five years after their
expiration, and use those to fund information technology improvements and
facilities infrastructure improvements, subject to approval by the Office of
Management and Budget.
In addition, the FY2022 Act includes a new provision that restricted the use of funds to submit a
project proposal to the Technology Modernization Fund and the obligation of any such funds until
certain reporting requirements are met.59
Selected Differences Between H.R. 4431 and the Senate Majority Committee
Draft / S. 3058
In addition to high-profile policy shifts, technical and rhetorical differences are common between
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.

57 H.R. 4431, §235; S. 3058, §232.
58 See H.R. 4431, §505; and S. 3058, §536.
59 P.L. 117-103, Div. F., §539
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H.R. 4431, Section 503 / S. 3058, Section 503
H.R. 4431 would have 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. No substantive
changes were made to this section in the FY2022 Act.
H.R. 4431, Section 505 / S. 3058, Section 505
H.R. 4431 would have expanded the availability of unobligated Operations and Support
appropriations at the end of the year from 50% to 75%, and provided those resources to the DHS
Information Security Modernization Fund. S. 3058 matched the prior-year enacted version. No
substantive changes were made to this section in the FY2022 Act.
H.R. 4431, Section 513 / S. 3058, Section 513
H.R. 4431 would have 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. As noted above, the FY2022 Act included the exception from H.R. 4431
in Section 513.
S. 3058, Section 517
H.R. 4431 did not include a previous provision prohibiting the use of funds for DHS to employ
unauthorized aliens as defined in 8 U.S.C. §1324a(h)(3). S. 3058 continued that provision, and it
was included in the FY2022 Act as Section 517.
S. 3058, Section 527
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, and it was
included in the FY2022 Act as Section 535.
H.R. 4431, Section 531
H.R. 4431 included a prior-year provision restricting the use of federal funds for a position
designated as a Principal Federal Official, continuing specific restrictions in place since FY2016.
S. 3058 did not include this provision. The FY2022 Act included this provision as Section 533.
H.R. 4431, Section 532
H.R. 4431 would have required 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. While the FY2022 Act did not include this requirement, DHS was
directed to make such a public report on a quarterly basis in the explanatory statement.60
H.R. 4431, Section 533

60 Congressional Record, vol. 168, part 42 (March 9, 2022, Book III), p. H2396.
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H.R. 4431 would have prohibited the use of federal funds to deny any immigration benefits on the
sole basis of marijuana possession, consumption, or use. S. 3058 included no such provision, and
it was not included in the FY2022 Act.
H.R. 4431, Section 534
H.R. 4431 included an additional appropriation for construction and modernization of land port-
of-entry facilities. S. 3058 included no such provision, and it was not included in the FY2022 Act.
S. 3058, Section 537
S. 3058 included a new general provision which would have extended the portability of the
licensure of DHS’s medical professionals, which had originally been granted in the CARES Act.61
H.R. 4431 included no such provision. The FY2022 Act included this provision as Section 541.
S. 3058, Section 538
S. 3058 included a $25 million supplemental appropriation for the Department of State’s
Diplomatic Programs “for the Global Engagement Center to counter foreign propaganda and
disinformation.”62 H.R. 4431 included no such provision, and no such provision is included in the
FY2022 Act.
For Further Information
For additional perspectives on FY2022 DHS appropriations, see the following:
 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


61 Specifically, P.L. 116-136, §16005.
62 S. 3058, §538.
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Component / Issue Area
Name
Background Report
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

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

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Component / Issue Area
Name
Background Report
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

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 Act63
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.64 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 199065 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

63 31 U.S.C. §§1341, 1342, 1344, 1511-1517.
64 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.
65 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 Collections66
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, the detail tables presented in H.Rept. 117-87 and
the explanatory statements accompanying both the Senate Appropriations Committee majority
draft and P.L. 117-103, Division F 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

66 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 the CBO score of Division F of P.L. 117-103. No Senate
302(b) allocations were 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
57.500
Sources: CRS analysis of H.Comm.Prt. 43-749 (for FY2021), the explanatory statement accompanying P.L. 117-
103 (for the request), H.Rept. 117-91, Revised Suballocation of Budget Allocations for Fiscal Year 2022, and the CBO
Estimate for
H.R. 2471, the Consolidated Appropriations Act, 2022, as Cleared by the Congress on March 10, 2022,
dated March 14, 2022.
Notes: These allocations and comparables do not include funding designated as an emergency requirement, 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 2019,67 amended those caps. Most
of the budget for DHS is considered nondefense spending.68
In addition, the Budget Control Act allowed 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—were
not limited.
The third justification—disaster relief—was 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.69 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 billion70—the third-largest allowable
adjustment for disaster relief in the history of the mechanism.71 That estimate was 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).72

67 See P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37.
68 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.
69 Letter from Mick Mulvaney, Director, OMB, to the Honorable Patrick Leahy, Vice Chairman, Committee on
Appropriations, U.S. Senate, April 23, 2018.
70 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.
71 Only the allowable adjustments for FY2015 and FY2020 were higher, at $18.430 billion and $17.503 billion,
respectively.
72 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.73 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. The FY2022 Act
included $18.8 billion for the Disaster Relief Fund, covered by the disaster relief designation, as
requested.

73 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 are generally
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, the FY2022 request, and the FY2022
enacted annual and supplemental appropriations are derived from the detail table in the
explanatory statement accompanying P.L. 107-113, as printed in the Congressional Record of
March 9, 2022, Book III, pages H2433-H2476. Aside from supplemental appropriations provided
in Division M of P.L. 116-20—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 House Appropriations Committee-recommended levels of annual
appropriations are 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, 2021.74
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.

74 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
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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