Department of Homeland Security
Appropriations: FY2023 State of Play
Updated October 6, 2022
Congressional Research Service
https://crsreports.congress.gov
R47239

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Department of Homeland Security Appropriations: FY2023 State of Play

Introduction
Fiscal year 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/.
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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.
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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. 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. Please note that the
FY2019 lapse began in December, 2018.

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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.
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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.
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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
Floor Action
On September 29, 2022, the Senate passed by a vote of 72-2516 an amended version of H.R. 6833,
replacing the original text of the bill with a consolidated piece of legislation that included the

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.
16 Senate Record Vote Number 351, available at https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/
vote_117_2_00351.htm.
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Continuing Appropriations Act, 2023 as Division A.17 The amended bill passed the House on
September 30, 2022, by a vote of 230-201.18 It was enacted the same day as P.L. 117-180.
P.L. 117-180 covered all twelve appropriations measures, providing for continuing appropriations
through December 16, 2022, or until the requisite annual appropriations measures were passed.
The baseline used to determine the rate for operations—or annualized rate of funding—for DHS
was the FY2022 annual appropriations act, with the exception of two general provisions that had
provided funding for the construction of joint processing centers.19 The baselines also included
extension of three immigration programs and a temporary expansion of the H-2B visa programs,
which had been carried in Division O of the Consolidated Appropriations Act, 2022.20 The
authority extensions have been addressed in the appropriations process annually beginning with
the FY2016 continuing resolution.21 The H-2B cap increase has been carried every year since the
FY2018 continuing resolution.22
The following sections provide descriptions of provisions in the continuing resolution that
specifically applied to DHS appropriations and authorities:
Section 135—Federal Emergency Management Agency Disaster Relief Fund
(DRF)
Section 135 provides that amounts made available by Section 101 for the Disaster Relief Fund
may be apportioned at a rate for operations necessary to carry out response and recovery activities
under the Stafford Act.23 This anomaly ensures that funding would be available to support the
federal government’s disaster response and recovery activities associated with disasters and
emergency declarations, in the event the DRF’s existing carryover balances are spent down while
the CR is in effect.
This anomaly was included in the Administration’s issues lists, and similar anomalies have been
enacted via continuing appropriations measures each year since FY2018.24

17 Other legislation included in the measure were the Biosimilar User Fee Amendments of 2022, the FDA User Fee
Reauthorization Act of 2022, the Generic Drug User Fee Amendments of 2022, the Hermit’s Peak/Calf Canyon Fire
Assistance Act, the Medical Device User Fee Amendments of 2022, the Prescription Drug User Fee Amendments of
2022, the Ukraine Supplemental Appropriations Act, 2023, and the United States Parole Commission Extension Act of
2022.
18 House Roll no. 476, available at https://clerk.house.gov/Votes/2022476.
19 P.L. 117-180, Division A, §101(6)
20 P.L. 117-103.
21 In FY2016 these appeared in the CR (P.L. 114-53), then as general provisions in the final bill (P.L. 114-113,
Division G, §§572-574). In FY2017 and FY2018, those general provisions were extended by reference in the CR (P.L.
114-223, Division C; P.L. 115-56, Division D). In the FY2018 consolidated appropriation (P.L. 115-141), the
immigration extensions were shifted to a different division (Division M), so in FY2019, they were included by
reference in the first section of the CR (P.L. 115-245, Division C). This pattern of extension in CRs by reference to a
year-end extensions division has continued since (see footnote 22 for references).
22 FY2018, P.L. 115-56, Division D, §101, extended by reference to P.L. 115-31, Division F (FY2017 general
provisions); FY2019, P.L. 115-245, Division C, §101, extended by reference to P.L. 115-141, Division M, Title II
(immigration extensions); FY2020, P.L. 116-59, Division A, §101, extended by reference to P.L. 116-6, Division H,
Title I (immigration extensions); FY2021, P.L. 116-159, §101, extended by reference to P.L. 116-94, Division I, Title I
(immigration extensions); FY2022, P.L. 117-43, §101, extended by reference to P.L. 116-260, Division O, Title I
§§101-103, and 105 (immigration extensions).
23 42 U.S.C. §5121 et seq.
24 For more information, see Office of Management and Budget, FY 2023 Continuing Resolution (CR) Appropriations
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Section 136—Hermit’s Peak / Calf Canyon Fire Assistance
Section 136 transfers $2.5 billion in unobligated balances from amounts in the Disaster Relief
Fund not intended for relief and recovery from major disasters to carry out the Hermit’s Peak /
Calf Canyon Fire Assistance Act—which was included in the same measure.25
This funding was initially provided in the CARES Act,26 when it was unclear how the Stafford
Act’s authorities might be used to address the COVID-19 pandemic. As of the end of August,
2022, the DRF base was anticipated to have $3.384 billion available at the end of FY2022.27
Taking $2.5 billion from that account would leave a projected $884 million—$159 million more
than the Administration projected needing for FY2023.28
Section 136 explicitly does not affect the amount available for disaster relief, and quarterly
reports are required on obligations and expenditures of this budget authority.
This anomaly was not included in the Administration’s issues lists.
Section 137—Department of Homeland Security Joint Task Forces
Section 137 extends the existing authorization for the Department of Homeland Security Joint
Task Forces for the duration of the CR.
The authority, initially provided under Title XIX of the National Defense Authorization Act for
Fiscal Year 2017, allows the Secretary of Homeland Security to establish Joint Task Forces for
DHS to conduct joint operations among its components to secure U.S. borders, address homeland
security crises, and establish regionally-based operations. The authority was set to expire at the
end of FY2022.29
The extension of this authorization was considered “necessary” by the Administration for
inclusion in the CR if not addressed by other legislation.
Section 138—National Computer Forensics Institute
Section 138 extends the existing authorization for the U.S. Secret Service’s National Computer
Forensics Institute for the duration of the CR, which extended through FY2022.
The authority, initially provided under the Strengthening State and Local Cybersecurity Crime
Fighting Act of 2017,30 authorized the operations of the Institute to educate and train state, local,
tribal, and territorial law enforcement officers, prosecutors, and judges on cyber and electronic
crimes and related threats, including how to investigate them and collect and manage evidence. It

Issues, p. 17, at https://www.whitehouse.gov/wp-content/uploads/2022/09/CR_Package_9-2-22.pdf. Prior extensions
were provided by P.L. 115-56, Division D, §129; P.L. 115-245, Division C, §124; P.L. 116-59, §133; P.L. 116-159,
§145; and P.L. 117-43, §133.
25 P.L. 117-180, Division G.
26 P.L. 116-136, Division B, in pertinent part at 134 Stat. 543.
27 Federal Emergency Management Agency, “Disaster Relief Fund: Monthly Report as of August 31, 2022,” September
8, 2022, p. 4. These reports are available at https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-
reports.
28 Department of Homeland Security, Federal Emergency Management Agency, Disaster Relief Fund: Fiscal Year
2023 Congressional Justification, March, 2022, p. FEMA-DRF-9. DHS congressional budget justifications for FY2023
are available at https://www.dhs.gov/publication/congressional-budget-justification-fiscal-year-fy-2023.
29 6 U.S.C. §348.
30 P.L. 115-76.
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included authorization for the Institute to equip nonfederal law enforcement officers to conduct
cyber investigations and forensic examinations.31
The extension of this authorization was considered “necessary” by the Administration for
inclusion in the CR if not addressed by other legislation.
Section 139—National Flood Insurance Program (NFIP) Reauthorization
Section 139 extends the authorization for the NFIP to continue to operate for the duration of the
CR by altering the application of two provisions in the U.S. Code.
The first provision is a temporary extension of the NFIP’s borrowing authority, and the second is
a termination date for NFIP’s authority to issue new policies. Both provisions are necessary to
extend normal NFIP operations. Under the language in the U.S. Code, the NFIP is provided with
$30.4 billion of borrowing authority through the end of FY2022.32 Section 139(a) extends this
level of borrowing authority through the duration of this act, allowing the NFIP to continue to pay
claims. Additionally, the NFIP’s authority to issue new policies expired at the end of FY2022 by
the language in the U.S. Code.33 Section 134(a) extends that authority through the duration of the
CR as well.
The extension of this authorization was considered “necessary” by the Administration for
inclusion in the CR if not addressed by other legislation. Similar extensions have been enacted
since FY2018, and CRs have sometimes been used as vehicles for temporary extensions of NFIP
authorities since 1998.
Section 140—Pilot Programs for Authority to Acquire Innovative Commercial
Items Using General Solicitation Competitive Procedures
Section 140 extends the authorization for the Department of Homeland Security (DHS) and the
General Services Administration (GSA) to carry out pilot programs under which innovative
commercial items may be acquired through an expedited competitive process.
This authority was granted under Section 880 of the National Defense Authorization Act for
Fiscal Year 2017, and was expected to terminate at the end of FY2022.34 It allows DHS and GSA
to conduct pilots to acquire innovative commercial items through a general solicitation of
proposals followed by a peer review that informs the competitive selection process, rather than
the standard competitive acquisition process. Acquisitions under such a pilot were limited to $10
million per contract.
The extension of this authorization was considered “necessary” by the Administration for
inclusion in the CR if not addressed by other legislation.

31 6 U.S.C. §383(d).
32 42 U.S.C. §4016(a).
33 42 U.S.C. §4026.
34 P.L. 114-328. The provision in question is in Division A, Title VIII, and can be found at 41 U.S.C. §3301 note.
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Section 141—Protection of Certain Facilities from Unmanned Aircraft Extension
Section 141 extends the authorization for the Department of Homeland Security (DHS) and the
Department of Justice (DOJ) to address threats to certain facilities and assets from unmanned
aerial vehicles through the period of the CR.
This authority was granted under Division H of the FAA Reauthorization Act of 2018, and
allowed DHS and DOJ to detect, identify, monitor, and track unmanned aircraft, disrupt control of
them, and seize, confiscate, disable, damage, or destroy them to mitigate a credible threat to the
safety or security of domestic potential high-risk targets associated with a variety of DHS and
DOJ missions.35 It was set to terminate on October 5, 2022.
The extension of this authorization was considered “necessary” by the Administration for
inclusion in the CR if not addressed by other legislation.
More detailed historical analyses of DHS anomalies and authorization extensions are available
upon request for congressional clients.
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.36

Author Information

William L. Painter

Specialist in Homeland Security and Appropriations

35 P.L. 115-254, Division H, Section 1602. It can be found at 6 U.S.C. §124n.
36 OMB, FY2023 CR Appropriations Issues, p. 49.
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