Department of Homeland Security
September 11, 2023
Appropriations: FY2024 State of Play
William L. Painter
This is an “In Brief” style report, and as such, should have its summary and TOC suppressed.
Specialist in Homeland
Security and
FY2024 marks the 21st annual appropriations cycle with a Department of Homeland Security
Appropriations
(DHS) appropriations measure. In six of the first seven years of its existence, the annual

appropriations measure for DHS was enacted within a month of the beginning of the fiscal year it
covered. Since FY2010, however, no annual DHS appropriations measure was enacted within

two months of the start of its fiscal year, and only twice has DHS received its annual
appropriations within the first fiscal quarter. Lapses in annual appropriations for the department lasting more than a week
have occurred twice in that period.
This report is a quick reference for tracking the “state of play” for DHS appropriations from the end of the August 2023
district work period until the resolution of the annual appropriations measure. It will be updated as events warrant.
DHS appropriations 2024
Latest DHS appropriations
DHS appropriations 2024 supplemental
Homeland Security appropriations lapse 2024
DHS continuing resolution anomaly 2024

Congressional Research Service

Department of Homeland Security Appropriations: FY2024 State of Play

Introduction
Fiscal year 2024 marks the 21th annual appropriations cycle with a Department of Homeland
Security (DHS) appropriations measure. In six of the first seven years of its existence, the annual
appropriations measure for DHS was enacted within a month of the beginning of the fiscal year it
covered. Since FY2010, no annual DHS appropriations measure was enacted before two months
of the fiscal year it covered had passed, and in ten of those thirteen years, three months had
passed before DHS annual appropriations were enacted. Lapses in annual appropriations for the
department lasting more than a week have occurred twice in this period when continuing
appropriations were not provided.
This report is a quick reference for tracking the status of DHS appropriations for FY2024 from
the end of the August 2023 district work period going forward.
For more in-depth analyses of the FY2024 DHS appropriations request and the House and Senate
Appropriations Committee responses, see
• CRS Report R47496, DHS Budget Request Analysis: FY2024;
• CRS Report R47678, Comparing DHS Component Funding, FY2024: In Brief;
and
• CRS Report R47663, Department of Homeland Security Appropriations: FY2024
Provisions.
For background on DHS structure and function, see CRS Report R47446, The Department of
Homeland Security: A Primer.
If Annual Appropriations Are Not Enacted Before the New Fiscal
Year Begins…
The federal government’s fiscal year ends at midnight on September 30. As this deadline
approaches, if any of the regular, full-year appropriations measures are not expected to be enacted
by the end of the fiscal year, the Administration and Congress may take steps to prepare
continuing appropriations legislation—known as a continuing resolution (CR), or, colloquially,
“stopgap” funding—to extend funding for federal government operations until the unresolved
appropriations measures are signed into law. CRs do not provide specific levels of budget
authority to agencies. They provide temporary budget authority 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 typically derived from the prior fiscal
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 provides Congress
technical assistance on issues that would need to be addressed in the CR to avoid unintended
consequences. These include necessary exceptions to that rate for operations, known as
“anomalies.” The technical assistance often includes extensions of authorizations that the

1 For more detailed information on continuing resolutions and how they work, see CRS Report R46595, Continuing
Resolutions: Overview of Components and Practices, coordinated by James V. Saturno.
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Department of Homeland Security Appropriations: FY2024 State of Play

Administration either proposes including, or would not object to including, in a CR, in the event
other legislation does not address expiring authorities in time. The Biden Administration provided
technical assistance for drafting a continuing resolution, including such lists of anomalies and
authorization provisions, on August 31, 2023.2 Congress weighs that information in formulating a
CR, which is generally introduced by the House or Senate Appropriations Committee without
going through a formal markup process. A CR may be considered as a stand-alone measure or
attached to another bill.
A CR may 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 the DHS appropriations bill 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 Enacted or Expires…
A lapse in annual appropriations, or “funding gap,” occurs if the regular appropriations bills or a
CR are not enacted prior to the end of a fiscal year, or is allowed to expire without enactment of
either further continuing appropriations or the covered annual appropriations acts. A funding gap
may result 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 would be
implemented.
Two general types of agency activities are allowed to continue:
1. Those that still have funding available (exempt functions), such as activities funded by
multi-year appropriations or those that are funded through laws other than the
appropriations acts (known as mandatory or direct spending); and
2. Those which have exceptions in law (excepted functions), such as those specifically
related to the protection of life and property, and those necessary to the discharge of
constitutional duties and powers. However, even for agencies like DHS, which conducts
many of these excepted activities, lapses in annual appropriations can be highly
disruptive.4
Occasionally, funding gaps have occurred for a matter of hours, or over a weekend, meaning that
a shutdown may not have fully commenced for certain activities.5 However, in October 2013
(FY2014), a funding gap resulted in a partial shutdown of DHS operations for 16 days. Also, in

2 The lists are not available on the White House website as of the date of this report’s original publication. The lists of
CR issues (hereinafter “FY2024 CR Appropriations Issues”) and authorization issues (hereinafter “FY2024 CR
Authorization Issues”) can be found at https://www.crs.gov/products/Documents/FY2024_CR_anomalies_list/pdf/
FY2024_CR_anomalies_list.pdf, and https://www.crs.gov/products/Documents/FY2024_CR_authorization_provisions/
pdf/FY2024_CR_authorization_provisions.pdf, respectively.
3 P.L. 113-235, Division L.
4 For further information on the impact of the FY2014 lapse in appropriations on 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 CR: 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.
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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.

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: FY2024 State of Play

Figure 1. DHS Appropriations Process, FY2004-FY2024
(As of September 1, 2023)

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
occurred after the beginning of the new calendar year. 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.

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The FY2024 DHS Appropriations Process
Advance Supplemental 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. Four appropriations received $6.1 billion of that total,
with $1.22 billion available in FY2022, and $4.88 billion to be made available incrementally
from FY2022 through FY2026, through a process known as advance appropriations.7 $1.32
billion of those advance appropriations become available in FY2024.
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 FY2024 highlighted.
Table 1. Accounts with Supplemental and Advance Appropriations for DHS in the
Infrastructure Investment and Jobs Act (P.L. 117-58)
(emergency-designated budget authority, in thousands of dollars)
Component /
Total
FY2022
FY2023
FY2024
FY2025
FY2026
Appropriation / PPA
Provided
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)
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
TOTAL ADVANCE
6,100,000
1,220,000
1,420,000
1,320,000
1,120,000
1,020,000
APPROPRIATIONS
Source: P.L. 117-58, Division J, Title V.
Notes: PPA = program, project, or activity. Division J, Title V also included $1.86 bil ion in accounts and PPAs
that did not receive advance appropriations, and thus are not shown in Table 1.

7 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
Megan S. Lynch.
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Department of Homeland Security Appropriations: FY2024 State of Play

President’s Budget Request
On March 9, 2023, the Biden Administration released its annual budget request for FY2024,
including a $103.18 billion budget request for DHS. By the Congressional Budget Office’s
(CBO’s) initial estimation, the request included $60.37 billion in adjusted net discretionary
appropriations and $20.26 billion in disaster relief-designated funds.8 The adjusted net
discretionary appropriations request was $0.31 billion less than was enacted in annual
appropriations for DHS in FY2023, but also included a request for up to $4.7 billion in contingent
emergency-designated supplemental appropriations to deal with activities at the U.S.-Mexico
border.
For additional analysis of the content of the FY2024 budget request for DHS, see CRS Report
R47496, DHS Budget Request Analysis: FY2024.
House Committee Action
On June 21, 2023, the House Committee on Appropriations (HAC) marked up H.R. 4367, its
version of the Department of Homeland Security Appropriations Act, 2024. H.Rept. 118-123 was
filed on June 27, 2023, providing additional direction to DHS, and including minority party
views. HAC-reported H.R. 4367 included $62.79 billion in adjusted net discretionary budget
authority. This was $2.40 billion above the level requested by the Administration (leaving aside
the Administration’s $4.70 billion emergency contingency appropriations request, which was not
funded in the HAC-reported bill), and $2.09 billion above the FY2023 enacted level of annual
appropriations.
Senate Committee Action
On July 27, 2023, the Senate Committee on Appropriations (SAC) marked up S. 2625, its version
of the Department of Homeland Security Appropriations Act, 2024. S.Rept. 118-56 was filed the
same day. SAC-reported S. 2625 included $57.08 billion in adjusted net discretionary budget
authority. This was $3.31 billion less than the level requested by the Administration, and $3.63
billion below the FY2023 enacted level of annual appropriations. However, the Senate bill also
included $4.3 billion in emergency-designated appropriations distributed across nine components.
While this would be $400 million less than the Administration’s proposed emergency-designated
contingency funding, this budget authority would result in a net increase of $0.67 billion from the
enacted annual level for FY2023.
Continuing Resolution
Proposed Anomalies and Authorization Extensions for FY2024
On August 31, 2023, the Biden Administration released technical assistance documents providing
guidance to lawmakers on funding and legislative adjustments it considers necessary to avoid
disruptions to a range of public services in the event of a short-term CR running through mid-

8 This total evolved over the course of the process, owing in part to the changes in unobligated balances available for
rescission. Any analyses in this report refer to CBO’s estimates as outlined in the detail table at the end of H.Rept. 118-
123.
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Department of Homeland Security Appropriations: FY2024 State of Play

December, 2023.9 The request included two adjustments to the rate of spending allowed under the
CR to accommodate certain situations:10
• potential disaster activity (allowing accelerated apportionment of CR funding to
support the disaster response and recovery efforts under the Stafford Act);11 and
• increased operational costs (allowing apportionment at a rate to maintain
adequate staffing levels to support transportation security screening operations).12
A list of authorization issues was included as well, which either the Administration deemed
necessary for inclusion in a CR if not enacted first, or that the Administration did not object to
being included in the CR.
Nine such items were included in the list of issues:13
• Extension of the authority for enforcement of Chemical Facility Anti-Terrorism
Standards (CFATS), which had expired on July 27, 2023;14
• Extension of the authorization for the National Cybersecurity Protection System
(NCPS), which defends federal agencies from known cyberthreats;15
• Extension of the authority for the National Flood Insurance Program to issue new
policies;16
• Extension of the waiver of foreign residence requirements for physicians working
in underserved areas (also known as the “Conrad State 30” Program);17
• Extension of authorization for the E-Verify employment eligibility verification
program;18
• Extension of authority to grant special immigrant status to religious workers
other than ministers;19
• Providing authority to raise the cap on H-2B visas;20

9 FY2024 CR Appropriations Issues, p. 3. https://www.crs.gov/products/Documents/FY2024_CR_anomalies_list/pdf/
FY2024_CR_anomalies_list.pdf.
10 FY2024 CR Appropriations Issues, pp. 15-16. https://www.crs.gov/products/Documents/
FY2024_CR_anomalies_list/pdf/FY2024_CR_anomalies_list.pdf.
11 A similar anomaly has been included in every CR starting in FY2018.
12 While this general type of anomaly has been requested before, this is the first time one has specifically and narrowly
addressed transportation security screening.
13 FY2024 CR Authorization Issues, p. 2. https://www.crs.gov/products/Documents/
FY2024_CR_authorization_provisions/pdf/FY2024_CR_authorization_provisions.pdf
14 6 U.S.C. §621 note; see also Cybersecurity and Infrastructure Security Agency, “Chemical Facility Anti-Terrorism
Standards (CFATS),” https://www.cisa.gov/resources-tools/programs/chemical-facility-anti-terrorism-standards-cfats.
15 6 U.S.C. §1525(a); expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title I.
16 42 U.S.C. §4016(a) and §4026; expires at the end of FY2023; last extended through P.L. 117-328, Division AA, Title
IX.
17 8 U.S.C. §1182 note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
18 8 U.S.C. §1324a note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
19 8 U.S.C. §1101(a)(27)(C)(ii); expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title
III.
20 8 U.S.C. §1184 note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
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Department of Homeland Security Appropriations: FY2024 State of Play

• Extension of the authorization of the Countering Weapons of Mass Destruction
Office of DHS—unlike other authorizations, the Office’s authorization included a
specific sunset date;21 and
• Extension of authorization of overtime pay for Secret Service personnel
performing protective services duty (the existing authority expires December 31,
2023).22
Other Supplemental Appropriations for DHS
The Administration released a request in August 2023 for supplemental appropriations.23 If a
supplemental appropriations measure including resources for DHS were enacted in FY2023, these
resources would most likely be available for obligation in FY2024.

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
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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
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21 December 21, 2023, per 6 U.S.C §591(e).
22 5 U.S.C. §5547 note; last extended through P.L. 116-269.
23 For details of the FY2024 supplemental request, see CRS Report R47239, Department of Homeland Security
Appropriations: FY2023 State of Play.
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