Department of Homeland Security
Appropriations: FY2023 State of Play
September 8, 2022
Congressional Research Service
https://crsreports.congress.gov
R47239

link to page 3 link to page 3 link to page 4 link to page 6 link to page 6 link to page 6 link to page 7 link to page 7 link to page 8 link to page 8 link to page 8 link to page 9 link to page 5 link to page 6 link to page 6 link to page 9

Department of Homeland Security Appropriations: FY2023 State of Play

Introduction
Fiscal Year (FY) 2023 marks the 20th annual appropriations cycle with a Department of
Homeland Security (DHS) appropriations measure. Six of the first seven annual appropriations
measures for DHS were enacted within the first month following the end of the fiscal year. Since
FY2010, however, no annual appropriations measure for DHS was resolved within two months of
the end of the fiscal year, and DHS received its annual appropriations within the first fiscal
quarter in only two of those years. Lapses in annual appropriations for the department lasting
more than a week have occurred twice in this period.
This report is a quick reference for tracking the status of DHS appropriations from the end of the
August 2022 district work period until the resolution of the annual appropriations measure. It will
be updated as events warrant.
For more in-depth analyses of the FY2023 DHS appropriations request and the House and Senate
Appropriations Committee responses, see:
 CRS Report R47123, DHS Budget Request Analysis: FY2023; and
 CRS Report R47220, Comparing DHS Component Funding, FY2023: In Brief.
If Annual Appropriations Are Not Enacted Before the New Fiscal
Year Begins...
Under current federal budgeting practices, the federal government’s fiscal year ends at midnight
on September 30. As this deadline approaches, if any of the annual appropriations measures are
not expected to be enacted, the Administration and Congress take steps to prepare stopgap
appropriations legislation—known as a continuing resolution (CR)—to extend funding for federal
government operations until the unresolved appropriations measures can be signed into law. CRs
do not provide specific levels of budget authority to agencies: they provide temporary budget
authority provided at a specified rate for operations (the annualized level of resources available
for the period of time covered by the CR) through a fixed expiration date, or until annual
appropriations are enacted. Further, the Office of Management and Budget generally apportions
those resources gradually over the period of the CR, and there are certain restrictions placed on
the use of that temporary budget authority beyond the most basic agency operations. The rate for
operations is usually derived from the prior year’s annual appropriations measures, and the terms
and conditions of those appropriations continue to apply under the CR.1
These steps first become visible to the public when the Administration releases lists of necessary
exceptions (anomalies) and extensions of authorizations that they either propose including, or
would not object to including, in a CR. The Biden Administration provided such a list of
anomalies on September 2, 2022, and authorization provisions the following week.2 Congress
weighs that information in formulating a CR, which is generally proposed by the majority without

1 For more detailed information on continuing resolutions and how they work, see CRS Report R46595, Continuing
Resolutions: Overview of Components and Practices.
2 Shalanda Young, Office of Management and Budget (OMB) Director, Meeting Critical Needs for the American
People in the New Fiscal Year, White House Briefing Room blog post, Washington, DC, September 2, 2022,
https://www.whitehouse.gov/omb/briefing-room/2022/09/02/meeting-critical-needs-for-the-american-people-in-the-
new-fiscal-year/.
Congressional Research Service

1

link to page 5 Department of Homeland Security Appropriations: FY2023 State of Play

going through a formal markup process. The CR may be considered as a stand-alone measure or
attached to another bill.
It is not uncommon for a CR to only cover certain federal government agencies in cases when
some annual appropriations have been enacted. For example, in FY2015, when disputes over
immigration policy led to DHS being pulled from a consolidated appropriations measure, for
almost three months DHS was the only federal department covered by the CR.3
If a Continuing Resolution Is Not Active...
A lapse in annual appropriations occurs if a CR is not passed prior to the end of a fiscal year, or is
allowed to expire without passage of either an extension or the covered annual appropriations. A
lapse results in a partial shutdown of government operations for those agencies without enacted
annual appropriations. Immediately prior to the end of the fiscal year, agencies release shutdown
plans that indicate, in broad terms, how the partial shutdown of operations will be implemented.
Certain agency activities are allowed to continue, such as those funded by multi-year
appropriations, or those specifically related to the protection of life and property. However, even
for agencies like DHS, which conducts many of these excepted activities, lapses in annual
appropriations can be highly disruptive.4
Occasionally, lapses in appropriations have occurred for a matter of hours, or over a weekend.5
However, in 2013 (FY2014), a lapse resulted in a partial shutdown of DHS operations for 16
days. Also, in late 2018 and early 2019 (FY2019), annual appropriations for many departments,
including DHS, lapsed for 34 days.6
Figure 1 shows a history of the timing of the annual Department of Homeland Security
Appropriations Act, since its first development in 2003 (for FY2004). Tracked actions include:
 the release of the budget request (green dot);
 full committee markups and passage of the House and Senate versions of the bill
(orange and purple bars, respectively); and
 ultimate enactment of the measure (black bar).
Dotted lines show the months covered by CRs. Unshaded, white gaps indicate lapses in annual
appropriations.

3 P.L. 113-235, Division L.
4 For further information on the impact of the FY2014 lapse in appropriations on the Department of Homeland Security
(DHS), see CRS Report R43252, FY2014 Appropriations Lapse and the Department of Homeland Security: Impact and
Legislation, by William L. Painter.
5 In FY2018, two brief lapses of annual appropriations occurred with expirations of the continuing resolution: on
January 20, 2018, appropriations lapsed until January 22; and on February 8, 2018, appropriations lapsed for several
hours until an extension of the CR was enacted.
6 At the time of the lapse, five of the 12 appropriations measures had been enacted. For more information on the
impacts of past shutdowns, see CRS Report R41759, Past Government Shutdowns: Key Resources, by Jared C. Nagel
and Justin Murray.
Congressional Research Service

2

Department of Homeland Security Appropriations: FY2023 State of Play

Figure 1. DHS Appropriations Process, FY2004-FY2023
(as of September 11, 2022)

Source: CRS analysis of presidential budget request release dates and legislative action from Congress.gov.
Notes: Final action on annual appropriations for FY2011, FY2013-FY2015, FY2017-FY2019, and FY2022 did not
occur until after the beginning of the new calendar year. Please note that the FY2019 lapse began in December
2018, and a three-day lapse in January of FY2018 and an hours-long lapse in February of that same year are not
displayed due to limitations of scale.

Congressional Research Service

3

link to page 6 Department of Homeland Security Appropriations: FY2023 State of Play

The FY2023 DHS Appropriations Process
Request
On March 28, 2022, the Biden Administration released its FY2023 annual budget request,
including a $97.3 billion budget request for DHS. According to the Congressional Budget
Office’s (CBO’s) initial estimation, the request included $56.64 billion in adjusted net
discretionary appropriations and $19.74 billion in disaster relief-designated appropriations.7 This
was $0.99 billion less than was enacted for DHS in FY2022.
For additional analysis of the content of the FY2023 budget request for DHS, see CRS Report
R47123, DHS Budget Request Analysis: FY2023.
Advance Appropriations
On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA) was signed into law as
P.L. 117-58. Division J of the IIJA included a number of supplemental appropriations, including a
total of $7.96 billion for DHS in Title V. Of this amount, $3.08 billion was available in FY2022.
The remaining appropriations were advance appropriations, which become available over the
period of FY2023-FY2026.8 $1.42 billion of that becomes available in FY2023.
Table 1 lists DHS accounts with advance appropriations provided by P.L. 117-58, and includes a
breakdown of amounts coming available each fiscal year, with FY2023 highlighted.
Table 1. Accounts with Advance Appropriations for DHS provided in the
Infrastructure Investment and Jobs Act (P.L. 117-58)
(emergency-designated budget authority, in thousands of dollars)
Component /
Total
Appropriation / PPA
Provided
FY2022
FY2023
FY2024
FY2025
FY2026
Cybersecurity and Infrastructure Security

Agency (CISA)
Cybersecurity Response
100,000
20,000
20,000
20,000
20,000
20,000
and Recovery Fund
Federal Emergency Management Agency

(FEMA)
Federal Assistance

Section 205 Grants
500,000
100,000
100,000
100,000
100,000
100,000
(for establishing
hazard mitigation
revolving loan funds)

7 This total evolved over the course of the appropriations process due, in part, to the changes in unobligated balances
available for rescission. Analyses in this report refer to the Congressional Budget Office’s (CBO’s) estimates as
outlined in the detail table at the end of H.Rept. 117-396.
8 For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward
Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations, by Jessica Tollestrup and
Kate P. McClanahan.
Congressional Research Service

4

link to page 6 Department of Homeland Security Appropriations: FY2023 State of Play

Component /
Total
Appropriation / PPA
Provided
FY2022
FY2023
FY2024
FY2025
FY2026
Grants For
1,000,000
200,000
400,000
300,000
100,000
0
Cybersecurity and
Critical
Infrastructure
Disaster Relief Fund (for
1,000,000
200,000
200,000
200,000
200,000
200,000
Building Resilient
Infrastructure and
Communities grants)
National Flood Insurance
3,500,000
700,000
700,000
700,000
700,000
700,000
Fund
Source: P.L. 117-58, Division J, Title V.
Note: PPA = program, project, or activity. Title V included $1.86 bil ion in accounts and PPAs that did not
receive advance appropriations, and thus are not shown in Table 1.
House Committee Action
On June 24, 2022, the House Committee on Appropriations marked up H.R. 8257, its version of
the Department of Homeland Security Appropriations Act, 2023. H.Rept. 117-396 was filed on
July 1, 2022. Committee-reported H.R. 8257 included $60.27 billion in adjusted net discretionary
budget authority. This was $3.64 billion above the level requested by the Administration and
$2.65 billion above the FY2022 enacted level of annual appropriations.
Senate Committee Action
On July 28, 2022, Senate Appropriations Committee Chairman Senator Patrick Leahy released
drafts of twelve appropriations measures that had yet to be marked up by the committee, along
with draft explanatory statements for each.9 The Senate Appropriations majority draft bill for
DHS for FY2023 included $59.89 billion in adjusted net discretionary budget authority. This was
$3.25 billion above the level requested by the Administration, and $2.26 billion above the enacted
annual level for FY2022.
Chairman Leahy said,
It is my hope that by releasing these bills, and making clear what the priorities of Senate
Democrats are, we can take a step closer toward reaching a bipartisan compromise after
months of stalled negotiations.... I look forward to continuing to work with my dear friend,
Vice Chairman Shelby, and I encourage good faith, bipartisan negotiations on toplines to
resume with the urgency that this moment requires.10
Vice Chairman11 Senator Richard Shelby criticized the move as partisan, stating,

9 The draft bills and explanatory statements can be found on the Senate Appropriations Committee website at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-
bills.
10 U.S. Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal Year 2023 Senate Appropriations
Bills,” press release, July 28, 2022, https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-
releases-fiscal-year-2023-senate-appropriations-bills.
11 Vice Chairman is the title for the leader of the minority party on the Senate Appropriations Committee.
Congressional Research Service

5

Department of Homeland Security Appropriations: FY2023 State of Play

Democrats must commit to a bipartisan framework that abandons poison pills, preserves
legacy riders, and demonstrates a serious commitment to our military.12
Continuing Resolution
Proposed Anomalies and Authorization Extensions
On September 2, 2022, the Biden Administration released technical assistance documents
providing “guidance to lawmakers on funding and legislative adjustments that are necessary to
avoid disruptions to a range of important public services,” in the event of a short-term CR.13 The
request included five adjustments to the rate of spending allowed under the CR to accommodate
certain situations:
 increased fuel costs (U.S. Coast Guard);
 potential disaster activity (Federal Emergency Management Agency (FEMA));
 the ongoing situation at the U.S.-Mexico border (U.S. Immigration and Customs
Enforcement and FEMA); and
 increased operational costs for seasonal activity (Transportation Security
Administration).
The Administration also requested permission for DHS to use modified account structures for its
new Office of Health Security, and legislative authority to adjust the immigration status of certain
Afghans and their families who are resettling in the United States.14
A second list of authorization extensions was released later that week, noting that in the event
other legislation did not resolve the matter first, extensions would be necessary for nine DHS-
related programs (including the National Flood Insurance Program, the E-Verify program, and
raising the H-2B visa cap), and that the Administration did not object to the inclusion of two other
immigration program extensions as well.15
More detailed historical analyses of DHS anomalies and authorization extensions are available
upon request for congressional clients.

12 U.S. Senate Committee on Appropriations, “Shelby: Democrats’ Partisan Bills Threaten FY23 Appropriations
Process,” press release, July 28, 2022, https://www.appropriations.senate.gov/news/minority/shelby-democrats-
partisan-bills-threaten-fy23-appropriations-process.
13 Young, blog post.
14 OMB, FY2023 Continuing Resolution (CR) Appropriations Issues, September 2, 2022, pp. 15-19.
https://www.whitehouse.gov/wp-content/uploads/2022/09/CR_Package_9-2-22.pdf.
15 The document, while available through Congressional Quarterly, has not been presented on the OMB website. It is
available to subscribers at https://jukebox.cq.com/www/graphics/file/2022/09/06/file20220906-242456.pdf.
Congressional Research Service

6

Department of Homeland Security Appropriations: FY2023 State of Play

Supplemental Appropriations for DHS
Requested Supplemental Appropriations
The Administration’s technical assistance document on a possible CR in September 2022 (for
FY2023) also included a request for $47.1 billion in supplemental appropriations, including $2.9
billion for the Disaster Relief Fund.16

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.

16 OMB, FY2023 CR Appropriations Issues, p. 49.
Congressional Research Service
R47239 · VERSION 1 · NEW
7