Appropriations Committee Releases Fiscal Year 2022 Homeland Security Funding Bill
The House Appropriations Committee today released the draft fiscal year 2022 Homeland Security funding bill, which will be considered in subcommittee tomorrow. The legislation funds agencies, offices, and programs in the Department of Homeland Security, including U.S. Immigration and Customs Enforcement, the U.S. Secret Service, the Transportation Security Administration, the Coast Guard and the Federal Emergency Management Agency.
For 2022, bill provides funding of $52.81 billion, an increase of $934 million above 2021. In total, the bill provides total funding of $76.15 billion, including $18.8 billion for major disaster response and recovery and $4.57 billion that is offset by fee collections. The legislation
- Secures our critical infrastructure with dramatically increased funding to prevent cyber-attacks and root out cyber intrusions
- Invests strongly in maritime security through funding for the Coast Guard
- Makes responsible investments in border security
- Respects the dignity of immigrants with new funding to improve migrant processing and reduce backlogs in refugee, asylum, and immigration benefit applications
“As the nature of the threats facing the country changes, the missions and investments of the Department of Homeland Security must quickly adapt and respond. This bill makes historic investments in cyber and infrastructure security, helps communities combat domestic extremist violence, expands the reach of the Coast Guard in the Arctic and the maritime drug and transit zones, and supports the FEMA response workforce as climate change makes natural disasters more frequent and severe” Homeland Security Appropriations Subcommittee Chairwoman Lucille Roybal-Allard (D-CA-40) said. “We are also taking steps to help the Department restore a commitment to the humane treatment of migrants through increased funding for Alternatives to Detention with case management services and reduced lengths of stay in detention for asylum seekers who don’t pose a flight risk and are not a threat to public safety or national security.”
“As recent events like the Colonial Pipeline hack have demonstrated, it is obvious that we must do more to secure our nation’s cyber infrastructure. That’s why this bill’s investments in preventing cyber attacks and rooting out cyber intrusions are so critical,” Appropriations Committee Chair Rosa DeLauro (D-CT-03) said. “Elsewhere within Homeland Security, a strong Coast Guard is essential to protect our national security, especially from Russian aggression in the Arctic, and the funding in this bill is pivotal to that effort. Finally, I continue to have serious concerns regarding the physical and mental wellbeing of individuals, particularly children, at border facilities. We must do more to protect immigrants, especially children and their families. I am proud that this bill respects their dignity by improving conditions in CPB short-term holding facilities, investing in alternatives to detention, making processing quicker and more efficient, and reducing backlogs of immigration, refugee, and asylum applications.”
A summary of the draft fiscal year 2022 Homeland Security bill is below. The text of the draft bill is here. The subcommittee markup will be webcast live and linked from https://appropriations.house.gov/events/markups.
Management – The bill provides $2.4 billion for the Office of the Secretary, executive management, and departmental management, an increase of $604.7 million above the fiscal year 2021 enacted level and $123.9 million above the President’s budget request. Funding under this category includes:
- $209.7 million, as requested, for continued development of the DHS headquarters campus at St. Elizabeths;
- $170 million for construction of Integrated Migrant Processing Centers at the border;
- $42.2 million for the Office of Civil Rights and Civil Liberties (CRCL), an increase of $8.1 million above the fiscal year 2021 enacted level and $3.5 million above the request;
- $20.3 million for the Office of Immigration Detention Ombudsman, an increase of $304,000 above the fiscal year 2021 enacted level and $410,000 above the request to maintain current services as the office expands to full operating capacity;
- $10 million above the request for the Alternatives to Detention Case Management Pilot Program (for a total of $15 million), to be managed by FEMA and overseen by CRCL.
- $21 million for continued development of the Homeland Advanced Recognition Technology system of the Office of Biometric Identity Management, a reduction of $25 million below the request due to schedule delays.
U.S. Customs and Border Protection (CBP) – The bill provides $14.11 billion in net discretionary appropriations for CBP, $927 million below the fiscal year 2021 enacted level and $456 million below the request, including increases above the request of:
- $23 million for CBP personnel, including tuition assistance, on-site mental health clinicians, and childcare services;
- $20 million for migrant processing improvements;
- $3 million for migrant child caregivers;
- $132 million for new technology, including:
- $50 million for non-intrusive imaging technology;
- $50 million for border technology;
- $45 million for innovative technology;
- $10 million for port of entry technology;
- $20 million for body worn cameras;
- $10 million for video recording capabilities at Border Patrol Stations; and
- $3 million for electronic health records.
- Provides no funding for additional Border Patrol Agents or border barriers.
- Rescinds $2.06 billion from prior year appropriations for border barrier construction.
- Authorizes the use of up to $100 million from prior border barrier construction appropriations for mitigation activities, including land acquisition, and authorizes the transfer of such funds to the Department of the Interior.
- Provides an additional $655 million in title V of the bill for construction and modernization of land port of entry facilities, activities that are historically funded through the General Services Administration.
U.S. Immigration and Customs Enforcement (ICE) – The bill provides $7.97 billion in discretionary appropriations for ICE, $1.55 million below the fiscal year 2021 enacted level and $19.5 million below the President’s budget request, including:
- $3.79 billion for Civil Immigration Enforcement Operations – $331.6 million below the 2021 enacted level and $279.2 million below the request, including:
$2.46 billion for an average daily population of 28,500 single adults in detention including $10 million for the cost of increasing allowances to detainees who participate in the Voluntary Work Program; and
- $475 million to continue expanding Alternatives to Detention, $34.5 million above the request.
- $2.26 billion for Homeland Security Investigations, an increase of $124.2 million above the fiscal year 2021 enacted level and $95.2 million above the request.
- $100 million, to be administered by FEMA, for a non-custodial, community-based shelter grant program for immigration processing, ATD enrollment, and provision of case management services for migrants.
Transportation Security Administration (TSA) – The bill includes $8.6 billion for TSA, an increase of $303.9 million above the fiscal year 2021 enacted level and equal to the request, of which $2.11 billion is offset by passenger security and vetting fee collections.
Coast Guard – The bill includes $13.17 billion for the Coast Guard, an increase of $327.8 million above the 2021 enacted level and $301.3 million above the request, as follows:
- $9.14 billion for Operations and Support, an increase of $653.9 million above the fiscal year 2021 enacted level and $118.3 million above the request. Increases above the request include:
- $41.5 million to support personnel, including tuition assistance and other educational opportunities, training and course development, and retention and recruitment;
- $65 million for operational and asset readiness, including operational command and control and domain awareness, deployability of helicopters on cutters, and communications upgrades;
- $1.82 billion for Procurement, Construction, and Improvements, including:
- $170million for long lead time materials for a 3rd Polar Security Cutter;
- $597 million for the Offshore Patrol Cutter program;
- $128 million for an HC-130J aircraft;
- $67 million to begin recapitalization of the nation’s inland tenders and barges; and
- $29 million for priority information technology systems.
United States Secret Service (USSS) – The bill includes $2.58 billion for the USSS, an increase of $137.8 million above the fiscal year 2021 enacted level and $3.9 million above the request, including:
- $2.4 million for zero trust cybersecurity architecture; and
- $1.5 million for transitioning to Internet Protocol Version 6.
Cybersecurity and Infrastructure Security Agency (CISA) – The bill includes $2.42 billion for CISA, an increase of $397.4 million above the fiscal year 2021 enacted level and $288.7 million above the request, including increases above the request of:
- $186.7 million for cybersecurity;
- $21.1 million for infrastructure security;
- $34 million for emergency communications;
- $17.1 million for integrated operations;
- $13.7 million for risk management operations;
- $13 million for stakeholder engagement and requirements; and
- $3 million for mission support activities.
Federal Emergency Management Agency (FEMA) – The bill includes $24.02 billion for FEMA, $2.1 billion above the fiscal year 2021 enacted level and $246.6 million below the request. The total provided includes the following:
- $3.66 billion for grants and training, an increase of $334 million above the fiscal year 2021 enacted level and $333 million above the request, including:
- $705 million for the Urban Areas Security Initiative , including $90 million for nonprofit security grants;
- $610 million for the State Homeland Security Grant Program, including $90 million for nonprofit security grants;
- $740 million for firefighter grants, an increase of $20 million above fiscal year 2021;
- $110 million for Port Security Grants, an increase of $10 million above fiscal year 2021;
- $110 million for Transit Security Grants, an increase of $10 million above fiscal year 2021;
- $365 million for Emergency Management Performance Grants, an increase of $10 million above fiscal year 2021;
- $140 million for the Emergency Food and Shelter Program, an increase of $10 million above fiscal year 2021;
- $20 million via transfer from the Office of the Secretary and Executive Management (OSEM) for Targeted Violence and Terrorism Prevention grants;
- $15 million via transfer from OSEM for ATD Case Management Pilot Program grants; and
- $100 million via transfer from ICE for a new Non-custodial Migrant Shelter Grant program; and
- $18.8 billion for the Disaster Relief Fund for major disasters, $1.7 billion above the fiscal year 2021 enacted level and equal to the request.
- Makes available an additional $500 million in prior year funding for the Building Resilient Infrastructure and Communities program.
U.S. Citizenship and Immigration Services (USCIS) – The bill includes $474.5 million for USCIS, an increase of $346.7 million above the fiscal year 2021 enacted level and $5 million above the request, including an increase of $5 million for the Citizenship and Integration Grant program.
- Includes increases for overtime pay and additional asylum officers to further address backlogs.
Federal Law Enforcement Training Centers (FLETC) – The bill provides $355.6 million for FLETC, $7.9 million above the fiscal year 2021 enacted level equal to the request.
Science and Technology (S&T) – The bill includes $830.4 million for S&T, an increase of $64.8 million above the fiscal year 2021 enacted level and $7.5 million above the request. The total includes:
- $45.8 million for University Centers of Excellence, an increase of $6.5 million above the fiscal year 2021 enacted level and equal to the request; and
- $7.7 million for the Minority Serving Institutions (MSI) Program, an increase of $2.5 million above the fiscal year 2021 enacted level and the request.
Countering Weapons of Mass Destruction Office (CWMD) – The bill includes $437.5 million for CWMD, $35.2 million above the fiscal year 2021 enacted level and $10 million above the request, including:
- $5 million for the Chief Medical Officers; and
- $5 million for the Medical Exchange System.
Important Policy Provisions –
- Authorizes the use of CBP and ICE funds to support efforts related to the reunification of separated migrant families.
- Prohibits the use of DHS funding to detain or remove an individual based on information provided in the context of an application to sponsor an unaccompanied child or based on information gathered in therapy sessions with such children.
- Ensures access by Members of Congress to detention facilities;
- Requires DHS to provide detained migrants access to legal counsel, including prospective pro bono counsel, and requires Know Your Rights presentations;
- Requires goals and metrics reporting for pilot programs;
- Prohibits the use of funds for the 287(g) task force model and for agreements with law enforcement agencies if CRCL or ICE OPR determine they have violated the civil rights or liberties of an individual who was subsequently the subject of 287(g) immigration enforcement activity, unless the Secretary determines the violation is not part of a pattern or practice or that remediation steps have been taken;
- Prohibits the detention and removal of certain individuals with pending claims for humanitarian relief;
- Requires the Secretary to approve a risk classification assessment process to determine whether a detained individual is a flight risk or a threat to public safety or national security, and to confirm whether the individual fits an immigration enforcement priority category.
- Requires Homeland Security Investigations to focus on criminal investigations by prohibiting its engagement in civil immigration enforcement activities except with probable cause that an individual who is the subject of such enforcement has committed a criminal offense not solely related to immigration status.
- Establishes that the allowance paid to detained individuals for work performed in detention facilities may not be less than the local prevailing minimum wage.
- Requires public reporting on requests to DHS by non-DHS law enforcement agencies for law enforcement support and requires approval by the Secretary or his designee for support related to a mass gathering or protest event.
- Prohibits the use of DHS funds to deny admission or a benefit to an individual solely on the basis of marijuana use or possession for personal use.