Department of Homeland Security Appropriations: FY2022

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Department of Homeland Security

Appropriations: FY2022

Updated March 24, 2022

Congressional Research Service

https://crsreports.congress.gov

R47005

SUMMARY

Department of Homeland Security

Appropriations: FY2022

On May 28, 2021, the Joseph R. Biden Administration released its annual budget request for

FY2022, including a $90.80 billion budget request for the Department of Homeland Security

(DHS). The request included $53.99 billion in adjusted net discretionary appropriations and

$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.

R47005

March 24, 2022

William L. Painter

Specialist in Homeland

Security and

Appropriations

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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 /

Type

Bill Number

(Report Number)

Latest Action

Votes on

Passage

Annual

H.R. 133, Div. F

(House Committee

Print 43-749)

Enacted as P.L.

116-260,

12/27/2020

House Roll Call

250, 327-85;

Senate Roll Call

Vote 289, 92-6

Part of a year-ending

consolidated

appropriations measure.

Supplemental

H.R. 133, Div. M

Enacted as P.L.

116-260,

12/27/2020

House Roll Call

250, 327-85;

Senate Roll Call

Vote 289, 92-6

Part of a year-ending

consolidated

appropriations measure.

Supplemental

H.R. 1319

Enacted as P.L.

117-2, 3/11/2021

Senate Roll Call

Vote 110, 50-49;

House Roll Call

72, 220-211

Drafted as mandatory

spending rather than

discretionary

appropriations.

H.R. 4431 (H.Rept.

117-87)

Report filed

n/a (reported out

of full committee

33-24)

No floor action.

Notes

FY2021

FY2022

Annual (House)

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Fiscal Year /

Type

Bill Number

(Report Number)

Votes on

Passage

Annual (Senate)

Committee majority

draft / S. 3058

Bill introduced by

subcommittee

chaira

n/a

No subcommittee action.

Annual

H.R. 2471, Div. F

(Explanatory

Statement, 3/9/2022

Congressional

Record (Part III))

Enacted as P.L.

117-103,

3/15/2022

House Roll Call

65, 361-69; Senate

Roll Call Vote 78,

68-31

Part of a year-ending

consolidated

appropriations measure.

Supplemental

H.R. 5305, Div. B

and Div. C

Enacted as P.L.

117-43, 9/30/2021

House Roll Call

311, 254-175;

Senate Roll Call

Vote 397, 65-35

Consolidated

appropriations measure

with an interim CR.

Supplemental

H.R. 3684, Div. J

Enacted as P.L.

117-58,

11/15/2021

Senate Roll Call

Vote 314, 69-30;

House Roll Call

Vote 369, 228-206

Supplemental

appropriations measure

attached to infrastructure

bill.

Supplemental

H.R. 6119, Div. B

Enacted as P.L.

117-70, 12/3/2021

House Roll Call

Vote 399, 221212; Senate Roll

Call Vote, 69-28

Consolidated

appropriations measure

with an interim CR.

Continuing

Resolution

H.R. 5305, Div. A

Enacted as P.L.

117-43, 9/30/2021

House Roll Call

311, 254-175;

Senate Roll Call

Vote 397, 65-35

CR at the FY2021 rate for

operations, expiring

12/3/2021.

Continuing

Resolution

H.R. 6119, Div. A

Enacted as P.L.

117-70, 12/3/2021

House Roll Call

Vote 399, 221212; Senate Roll

Call Vote, 69-28

Extends previous CR

through 2/18/2022.

Continuing

Resolution

H.R. 6617

Enacted as P.L.

117-86, 2/18/2022

House Roll Call

Vote 39, 272-162;

Senate Roll Call

Vote 64, 65-27

Extends previous CR

through 3/11/2022.

Continuing

Resolution

H.J.Res. 75

Enacted as P.L.

117-95, 3/11/2022

House (vv); Senate

(vv)

Extends previous CR

through 3/15/2022.

Latest Action

Notes

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Annual Appropriations

Biden Administration FY2022 Request

On May 28, 2021, the Biden Administration released its annual budget request for FY2022,

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2022 Senate Appropriations Committee Action

On October 18, 2021, Senate Appropriations Committee Chairman Senator Patrick Leahy

released drafts of nine appropriations measures that had yet to be marked up by the committee,

along with draft explanatory statements for each.6 Vice Chairman7 Senator Richard Shelby

criticized the move as partisan and unilateral, and indicated he would not support the bills, and

that an agreement on overall spending levels was needed to produce bills that he would support.8

A week later, S. 3058, an identical bill, was introduced by Senate Appropriations Committee

Subcommittee on the Department of Homeland Security Chairman Senator Christopher Murphy.9

The Senate Appropriations majority draft bill for DHS for FY2022 included $52.92 billion in

adjusted net discretionary budget authority. This was $70 million below the level requested by the

Administration, and $1.04 billion above the enacted annual level for FY2021.

FY2022 Consolidated Appropriations

On March 9, 2022, the House took up a consolidated appropriations measure as an amendment to

H.R. 2471 (an unrelated bill). After dividing the question, presenting the measure for approval in

two multi-division segments, the House passed the portion with Division F, the Department of

Homeland Security Appropriations Act, 2022 by a vote of 361-69. The House proceeded to

approve the remainder of the question, then sent the complete measure to the Senate. The Senate

agreed to the House amendment the next day by a vote of 68-31. President Biden signed the

measure into law on March 15, 2022, as P.L. 117-103. According to the Congressional Budget

Office, Division F included $57.50 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-appropriationsbills.

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-partisanbills-threaten-fy22-appropriations-process.

9 For ease of citation, this is the version of the bill text referred to in discussion of the legislative language of the bills.

10 For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward

Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Additional supplemental funding for DHS is still pending before Congress. H.R. 5376—a

reconciliation package that passed the House 220-213 on November 19, 2021—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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

The DHS Common Appropriations Structure

When DHS was established in 2003, components of other agencies were brought together over a

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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 bill was enacted in December 2018, the

Senate did not present its FY2019 DHS Appropriations bill 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 follow this proposal, as did P.L. 116260.

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

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



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 VicePresident, 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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Potential for “Total” Confusion

The appropriations tracking tables in this report include multiple totals that reflect specific aspects of component

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 bills 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 small 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 bill. The discretionary totals in this report do not reflect offsetting collections, 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 collections, 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 bill on the general fund of the Treasury. Such analyses are available

separately on request; they are not reflected here, to avoid “total” confusion.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Table 2. Budgetary Resources for Law Enforcement Operational Components,

FY2021 and FY2022

(budget authority in thousands of dollars)

FY2021

FY2022

Enacted

Annual

Budget

Request

HACReported

H.R. 7669

SAC

Majority

Draft

(S. 3058)b

Enacted

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

9,000

199,939

167,000

Border Patrol hiring (AP)

—

100,000

Colombia Free Trade Act

collections (AP)

281,000

206,000

Reimbursable preclearance (AP)

39,000

Recording obligations related to

real property agreements (AP)

—

50,000

—

840,000

—

Immigration and custom fee

shortfall appropriation

(discretionary, Title V)

—

650,000

Border management requirements

(discretionary, Title V)

—

993,792

15,277,496

14,823,589

14,317,589

14,743,933

16,493,069

Offsetting Collection (Global Entry and

Preclearance)

-238,939

-206,000

Fees, Mandatory Spending, and

Trust Funds

2,408,906

1,601,034

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

—

330,000

Procurement, Construction, and

Improvements (emergency, P.L.

117-58, Div. J)

—

100,000

Total Budgetary Resources

18,526,402

16,424,623

15,918,623

16,344,967

18,524,103

O&S

7,875,730

7,939,786

7,820,275

7,882,019

8,206,526

PC&I

97,799

51,700

—

100,000

—

Component / Appropriation

CBP

CBP Services at User Fee Facilities

(PID)

Global Entry Program (PID)

Immigration and custom fee

shortfall appropriation (emergency,

Title V)

Total Annual Discretionary

Appropriations

Supplemental Appropriations

ICE

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2021

Component / Appropriation

Enacted

FY2022

Annual

Budget

Request

HACReported

H.R. 7669

SAC

Majority

Draft

(S. 3058)b

Enacted

Transfer to FEMA

—

100,000

—

Non-detention border management

requirements (Title V)

—

239,658

Total Annual Discretionary

Appropriations

7,973,529

7,991,486

7,971,975

7,933,719

8,497,884

Fees, Mandatory Spending, and

Trust Funds

376,610

379,610

Total Budgetary Resources

8,350,139

8,371,096

8,351,585

8,313,329

8,877,494

7,793,715

8,094,787

8,072,443

8,094,787

8,091,193

Vetting Fee Programs

353,964

200,000

PC&I

134,492

156,836

134,492

160,736

R&D

29,524

35,532

Total Annual Discretionary

Appropriations

8,311,695

8,464,811

8,487,461

Offsetting Collections (O&S and

Vetting Fee Programs)

-3,293,964

-2,310,000

Fees, Mandatory Spending, and

Trust Funds

255,500

256,000

Total Budgetary Resources

8,567,195

8,720,811

8,743,461

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

Health Care Fund Contribution

(PID)

215,787

240,577

Coast Guard Housing Fund (AP)

4,000

—

50,000

10,979,250

10,911,923

11,213,223

11,079,673

11,494,273

Offsetting Collections for USCG

Housing (AP)

-4,000

Fees, Mandatory Spending, and

Trust Funds

1,869,704

1,963,519

—

5,000

TSA

O&S

USCG

Coast Guard Museum (AP)

Total Annual Discretionary

Appropriations

Supplemental Appropriations

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

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2021

Component / Appropriation

Enacted

PC&I (emergency, P.L. 117-58, Div.

FY2022

Annual

Budget

Request

HACReported

H.R. 7669

SAC

Majority

Draft

(S. 3058)b

Enacted

—

429,000

12,848,954

12,875,442

13,176,742

13,043,192

13,891,792

O&S

2,373,109

2,514,758

2,518,658

2,520,528

2,554,729

PC&I

52,955

54,849

R&D

11,937

2,310

Total Discretionary

Appropriations

2,438,001

2,571,917

2,575,817

2,577,687

2,611,888

Total Budgetary Resources

2,438,001

2,571,917

2,575,817

2,577,687

2,611,888

Title II Components Total

Annual Appropriations

44,979,971

44,763,726

44,543,415

44,799,823

47,584,575

Title II Components Total

Supplemental Appropriations

—

864,000

Title II Components Projected

Total Gross Budgetary

Resources

50,730,691

48,963,889

48,743,578

48,999,986

52,648,738

Total Budgetary Resources

USSS

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 majorityproduced draft appropriations bill 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 bill 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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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 multiyear 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:

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



Section 220 of H.R. 4431 and Section 231 of S. 3058 would have restricted the

use of funds for ICE’s Homeland Security Investigations personnel to engage in

civil immigration enforcement activities unless there is probable cause that the

individual facing such action committed a criminal offense not related to their

immigration status. 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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



Sections 223, 224, and 225, and they appeared in the FY2022 Act as Sections

227, 228, and 229.

H.R. 4431 included a new Section 236 which would have restricted new fees on

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Table 3. Budgetary Resources for Incident Response and Recovery

Operational Components, FY2021 and FY2022

(budget authority in thousands of dollars)

FY2021

FY2022

SAC

Majority

Draft

(S. 3058)a

Enacted

Request

HACReported

H.R. 7669

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

—

20,000

—

9,431

3,931

7,431

9,931

10,431

2,024,976

2,133,630

2,422,348

2,638,078

2,593,656

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

—

35,000

Cybersecurity Response and

Recovery Fund (emergency, P.L. 11758, Div. J)

—

20,000

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

O&S

1,129,282

1,232,162

1,262,966

1,391,121

1,245,859

PC&I

105,985

188,212

191,212

209,985

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

18,799,000b

Disaster relief designation

17,142,000

19,299,000

18,799,000

DRF - Climate

—

500,000

—

DRF base funding

—

National Flood Insurance Fund

(NFIF)

204,412

214,706

204,000

214,706

Radiological Emergency

Preparedness Program (REPP) (AP)

34,000

33,630

Presidential Residence Protection

(Title V)

12,700

—

3,000

Emergency Food and Shelter (Title

—

150,000

21,923,271

25,270,180

24,012,825

24,129,273

24,289,379

Offsetting Collections (NFIF and REPP)

-238,412

-248,336

-237,630

-248,336

Transfers to FA from other components

25,000

135,000

20,000

35,000

Component / Appropriation

CISA

Cybersecurity Response and

Recovery Fund

R&D

Total Annual Discretionary

Appropriations

Supplemental Appropriations

FEMA

Total Annual Discretionary

Appropriations

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2021

Component / Appropriation

Enacted

FY2022

Request

HACReported

H.R. 7669

SAC

Majority

Draft

(S. 3058)a

Enacted

Supplemental Appropriations

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

117-58)

—

1,033,000

DRF, Major Disasters (emergency,

P.L. 116-260; P.L. 117-58)

2,000,000

—

200,000

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

Annual Appropriations

23,948,247

27,403,810

26,435,173

26,767,351

26,883,035

Title III Components Total

Supplemental Appropriations

52,650,000

—

1,288,000

Title III Components Projected

Total Gross Budgetary

Resources

76,623,247

27,428,810

26,570,173

26,787,351

28,206,035

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 majorityproduced draft appropriations bill 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 million 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 million for 68 projects funded through Pre-disaster Mitigation Grants;



$49 million 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 million was included for FEMA’s costs of managing and administering their share of these projects.

A complete list of approved projects in the FY2022 DHS Appropriations Act is included in the appropriations

committees’ explanatory statement, printed on pages H2422-H2432 of the March 9, 2022, Congressional Record,

Part III.



In addition, the House Appropriations Committee provided complete listings of Member requests, projects

included in H.R. 4431 and H.Rept. 117-87, and ultimately enacted in P.L. 117-103. The listings can be found

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

under a tab labeled “Transparency” on the committee website, or linked directly at

https://appropriations.house.gov/transparency/fiscal-year-2022.



The Senate Appropriations Committee provided similar information on their website under the “About the

Committee” tab or directly at https://www.appropriations.senate.gov/fy-2022-appropriations-requests-andcongressionally-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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Department of Homeland Security Appropriations: FY2022



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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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

Component / Appropriation

Enacted

FY2022

Request

HACreported

H.R. 7669

SAC

Majority

Draft

(S. 3058)a

Enacted

USCIS

O&S

117,790

459,504

389,504

10,000

15,000

20,000

H-2B Returning Worker amendment

(AP, CHIMP)

—

7,000

—

Unused Visa Rollover (AP, CHIMP)

—

1,000

—

Total Annual Discretionary

Appropriations

127,790

469,504

482,504

487,504

409,504

Fees, Mandatory Spending, and Trust

Funds

4,931,873

4,291,280

4,721,510

4,822,137

—

193,000

5,059,663

4,760,784

4,773,784

5,209,014

5,424,641

Supplemental Appropriations

Immigration Examination Fee Account

Appropriation (Emergency, P.L. 11743, §2501)

Total Budgetary Resources

36 Budget-In-Brief, p. 68.

37 Budget-In-Brief, p. 73.

38 Budget-In-Brief, p. 77.

39 Budget-In-Brief, p. 83.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2021

Component / Appropriation

Enacted

FY2022

Request

HACreported

H.R. 7669

SAC

Majority

Draft

(S. 3058)a

Enacted

FLETC

O&S

314,348

322,436

PC&I

26,000

33,200

Total Annual Discretionary

Appropriations

340,348

355,636

Total Budgetary Resources

340,348

355,636

O&S

302,703

310,590

325,590

330,590

PC&I

18,927

8,859

12,859

R&D

443,928

503,454

510,954

530,454

542,954

Total Discretionary

Appropriations

765,558

822,903

830,403

868,903

886,403

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

—

157,500

Total Budgetary Resources

765,558

822,903

830,403

868,903

1,043,903

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

69,663

132,948

Total Discretionary

Appropriations

402,277

427,461

437,461

442,011

452,011

Total Budgetary Resources

402,277

427,461

437,461

442,011

452,011

Title IV Components Total

Annual Discretionary

Appropriations

1,635,973

2,075,504

2,106,004

2,154,054

2,103,554

—

350,500

6,567,846

6,366,784

6,397,284

6,875,564

7,276,191

S&T

Supplemental Appropriations

CWMD

Title IV Components Total

Supplemental Appropriations

Title IV Components Projected

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 majorityproduced draft appropriations bill 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 bill.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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).

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



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

Majority

Draft

(S. 3058)a

Enacted

Request

HACreported

H.R. 7669

O&S

180,819

224,747

233,153

221,555

236,053

25,000

35,000

20,000

35,000

Transfer to FEMA

(25,000)

(35,000)

(20,000)

(35,000)

Total Annual Discretionary

Appropriations

205,819

249,747

268,153

241,555

271,053

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

—

147,456

Total Budgetary Resources (after

transfer)

180,819

224,747

233,153

221,555

383,509

O&S

1,398,162

1,653,553

1,658,553

1,637,009

PC&I

214,795

396,816

511,816

346,371

491,816

—

49,500

Component / Appropriation

OSEM

Supplemental Appropriations

MGMT

PC&I (emergency funding, Title V)

45 Budget-In-Brief, p. 16.

46 Budget-In-Brief, p. 16.

47 Budget-In-Brief, p. 20.

48 At times, the DHS OIG receives transfers that are described as percentages of totals, transfers up to a certain amount,

or permissive (“may” as opposed to “shall” transfer). Those are not included in this table or the calculations in this

report.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

FY2020

FY2021

SAC

Majority

Draft

(S. 3058)a

Enacted

Request

HACreported

H.R. 7669

FPS

1,588,748

1,653,384

1,625,000

1,653,384

Total Annual Discretionary

Appropriations

3,201,705

3,703,753

3,790,369

3,629,924

3,912,709

Offsetting Collections (FPS)

1,588,748

1,653,384

1,625,000

1,653,384

Total Budgetary Resources

3,201,705

3,703,753

3,790,369

3,629,924

3,962,209

O&S

298,500

320,620

298,171

Total Annual Discretionary

Appropriations

298,500

320,620

298,171

Total Budgetary Resources

298,500

320,620

298,171

O&S

190,186

205,359

Total Annual Discretionary

Appropriations

190,186

205,359

—

190,186

205,359

3,896,210

4,479,479

4,584,501

4,397,458

4,687,292

—

147,456

3,871,210

4,454,479

4,549,501

4,377,458

4,849,248

Component / Appropriation

IA&O

OIG

Supplemental Appropriations

O&S (emergency, by transfer)

Total Budgetary Resources

Title I Components Total Annual

Discretionary Appropriations

Title I Components Total

Supplemental Appropriations

Title I Components Projected

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 majorityproduced draft appropriations bill 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 million.

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:

Congressional Research Service

Department of Homeland Security Appropriations: FY2022



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.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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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Department of Homeland Security Appropriations: FY2022



The FY2022 Act included a slightly modified version of the FY2021 provision as

Section 536, with the reporting responsibility falling to the Under Secretary for

Management.

Section 538, which provided for a one-time transfer of unobligated balances from

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 prioryear 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-appropriationsbills.

55 S. 3058, §535.

56 H.R. 4431, §535; S. 3058, §539.

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Department of Homeland Security Appropriations: FY2022

permanent joint processing centers to help address the situation on the U.S.Mexico border.

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.

Section 546 rescinded $237 million in unobligated balances available in

various active and legacy accounts at DHS.

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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Department of Homeland Security Appropriations: FY2022

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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Department of Homeland Security Appropriations: FY2022

H.R. 4431 would have prohibited the use of federal funds to deny any immigration benefits on the

sole basis of marijuana possession, consumption, or use. S. 3058 included no such provision, and

it was not included in the FY2022 Act.

H.R. 4431, Section 534

H.R. 4431 included an additional appropriation for construction and modernization of land portof-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

DHS Annual and Supplemental

Appropriations, Overall

Name

Background Report

William Painter

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

Office of the Inspector General

Name

Background Report

Ben Wilhelm

CRS Report R43814, Federal Inspectors

General: History, Characteristics, and Recent

Congressional Actions

CBP Policy and Operations

Audrey Singer

CRS Report R42138, Border Security:

Immigration Enforcement Between Ports of

Entry

DHS Border Barrier Funding

William Painter

CRS Insight IN11193, Funding U.S.-Mexico

Border Barrier Construction: Current Issues

U.S. Immigration and Customs

Enforcement

Holly Straut-Eppsteiner

CRS Legal Sidebar LSB10362, Immigration

Arrests in the Interior of the United States: A

Primer

Transportation Security

Administration

Bart Elias

CRS Report R45082, Security of Air Cargo

Shipments, Operations, and Facilities; and

CRS Report R46678, Transportation

Security: Background and Issues for the

117th Congress

U.S. Customs and Border

Protection

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;

Frank Gottron

CRS Report R45809, Critical

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

William 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

Program

Elizabeth Webster

CRS In Focus IF11298, A Brief Overview of

FEMA’s Individual Assistance Program

Stafford Act Public Assistance

Program

Erica A. Lee

CRS Report R46749, FEMA’s Public

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

Immigration Services

William A. Kandel

CRS Report R44038, U.S. Citizenship and

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

Destruction Office

Frank Gottron

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Appendix A. Terminology

Budget Authority, Obligations, and Outlays

Federal government spending involves a multistep process that begins with the enactment of

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/reportsstatements/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

Appropriation

Comparable

FY2022

Request

Comparable

FY2022 House

Allocation

FY2022

Senate

Allocation

FY2022

Enacted

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. 117103 (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.

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

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

Continuing resolution

CRS

Congressional Research Service

CWMD

Countering Weapons of Mass Destruction Office

DHS

U.S. Department of Homeland Security

DRF

Disaster Relief Fund

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

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

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-appropriationsbills. Citations for the text are made to S. 3058—a bill identical to the majority draft introduced a week later—for ease

of citation.

Congressional Research Service

Department of Homeland Security Appropriations: FY2022

Author Information

William L. Painter

Specialist in Homeland Security and Appropriations

Disclaimer

This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan

shared staff to congressional committees and Members of Congress. It operates solely at the behest of and

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

than public understanding of information that has been provided by CRS to Members of Congress in

connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not

subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in

its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or

material from a third party, you may need to obtain the permission of the copyright holder if you wish to

copy or otherwise use copyrighted material.

Congressional Research Service

R47005 · VERSION 4 · UPDATED

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.