Department of Homeland Security Appropriations: FY2023 State of Play

Department of Homeland Security Appropriations: FY2023 State of Play

Department of Homeland Security
Appropriations: FY2023 State of Play
Updated August 28, 2023
Congressional Research Service
https://crsreports.congress.gov
R47239

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Department of Homeland Security Appropriations: FY2023 State of Play

Contents
Introduction ..................................................................................................................................... 1
FY2023 Annual Appropriations ...................................................................................................... 1
Historical Context ..................................................................................................................... 1
Request ...................................................................................................................................... 2
Advance Appropriations ............................................................................................................ 3
House Committee Action .......................................................................................................... 4
Senate Committee Action .......................................................................................................... 4
Consolidated Appropriations ..................................................................................................... 4
FY2023 Continuing Resolutions ..................................................................................................... 5
Proposed Anomalies and Authorization Extensions .................................................................. 5
Floor Action .............................................................................................................................. 6
FY2023 Supplemental Appropriations for DHS ............................................................................. 7
Parallel FY2023 Supplemental Appropriations ......................................................................... 7
Potential Second FY2023 Supplemental Appropriations for DHS ........................................... 8

Figures
Figure 1. DHS Appropriations Process, FY2004-FY2023 .............................................................. 2

Tables
Table 1. Accounts with Advance Appropriations for DHS provided in the Infrastructure
Investment and Jobs Act (P.L. 117-58) ......................................................................................... 3

Contacts
Author Information .......................................................................................................................... 9

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Introduction
FY2023 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 four
of those years, including FY2023. 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 for FY2023. 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.
FY2023 Annual Appropriations
Historical Context
Figure 1 shows a timeline of key milestones in the annual appropriations process for DHS since
the FY2004 cycle (which began in 2003). These milestones are
• The release of the budget request (green dot);
• Full committee markups of the House and Senate Appropriations Committee for
the DHS Appropriations Act (white labels);
• Initial passage of the DHS Appropriations Act by the House and Senate (orange
and purple labels); and
• Enactment of the DHS Appropriations Act (black bar).
Black numbers on the left side of the figure indicate the calendar year, and the white numbers on
the gray bars indicate the operational fiscal year.
Dotted lines indicate the operation of a continuing resolution (CR), and white gaps in the gray
bars indicate lapses in annual appropriations.
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Department of Homeland Security Appropriations: FY2023 State of Play

Figure 1. DHS Appropriations Process, FY2004-FY2023
(as of May 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 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.
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
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discretionary appropriations and $19.74 billion in disaster relief-designated appropriations.1 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-FY2026.2 $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)
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

1 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.
2 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

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.3 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.4
Vice Chairman5 Senator Richard Shelby criticized the move as partisan, stating,
Democrats must commit to a bipartisan framework that abandons poison pills, preserves
legacy riders, and demonstrates a serious commitment to our military.6
Consolidated Appropriations
On December 19, 2022, Senator Leahy submitted an amendment to H.R. 2617 (an unrelated
measure) that contained the text of the Consolidated Appropriations Act, 2023. Division F of the
measure was the Department of Homeland Security Appropriations Act, 2023.7 At the same time,
explanatory statements were released by the House and Senate Appropriations Committees, in

3 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.
4 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.
5 Vice Chairman is the title for the leader of the minority party on the Senate Appropriations Committee.
6 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.
7 S.Amdt. 6552.
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lieu of a conference report.8 According to the Congressional Budget Office, Division F included
$60.7 billion in budget authority for DHS, as well as $19.95 billion in funding for the costs of
major disasters under the Stafford Act. After adoption of eight further amendments, the Senate
agreed to the amended measure by a vote of 68-29 on December 22, 2022.9 The House took up
the bill on December 23, 2022, and passed it by a vote of 225-201, with one member voting
“present.”10 Due to anticipated delays in enrollment of the bill, an additional extension of the CR
was required—see the following section for details.
The enrolled bill was sent to President Biden on December 28, and he signed the bill into law as
P.L. 117-328 on December 29, 2022.
FY2023 Continuing Resolutions
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.11 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.12
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

8 See https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/documents/Division-F-
Homeland-Statement-FY23.pdf and https://www.appropriations.senate.gov/download/division-f_-homeland-statement-
fy23, which present identical documents.
9 Senate Record Vote no. 421, available at https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/
vote_117_2_00421.htm.
10 House Roll Call 549, available at https://clerk.house.gov/Votes/2022549.
11 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/.
12 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.
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raising the H-2B visa cap), and that the Administration did not object to the inclusion of two other
immigration program extensions as well.13
The Administration provided technical assistance to Congress in early December outlining needs
for a CR extending to the end of FY2023. The list of needs included
• $34 million for the U.S. Secret Service to begin preparations for the 2024
campaign cycle;
• $4.85 billion for management of the situation at the U.S.-Mexico border (about
$3.5 billion more than under the initial CR), including
o $2 billion for CBP border processing,
o $2 billion for ICE transportation, removal, detention, and ATD, and
o $850 million for FEMA EFSP humanitarian grants;
• $765 million for U.S. Citizenship and Immigration Services ($490 million more
than under the initial CR), including
o $375 million for asylum processing/adjudication,
o $256 million for backlog reduction, and
o $134 million for refugee processing.
More detailed historical analyses of DHS anomalies and authorization extensions are available
upon request for congressional clients.
Floor Action
On September 29, 2022, the Senate passed by a vote of 72-2514 an amended version of H.R. 6833,
replacing the original text of the bill with a consolidated piece of legislation that included the
Continuing Appropriations Act, 2023 as Division A.15 The amended bill passed the House on
September 30, 2022, by a vote of 230-201.16 It was enacted the same day as P.L. 117-180.
Detailed descriptions of the CR and its functionality can be found in CRS Report R47283,
Overview of Continuing Appropriations for FY2023 (Division A of P.L. 117-180), by Drew C.
Aherne and Sarah B. Solomon.
While appropriators and leadership continued to work on a consolidated appropriations bill to
resolve the outstanding annual measures, an extension of P.L. 117-180 was required to avoid a
lapse in annual appropriations.
On December 14, operating under a special rule, the House brought up and amended H.R. 1437
(an unrelated Senate-passed bill), replacing its text with an amendment to the Continuing
Appropriations Act, extending its expiration date to December 23, 2022. The House-amended
version of H.R. 1437 also included a provision to extend the authorization for DHS’s cyber

13 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.
14 Senate Record Vote Number 351, available at https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/
vote_117_2_00351.htm.
15 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.
16 House Roll no. 476, available at https://clerk.house.gov/Votes/2022476.
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intrusion and detection program, and the congressional reporting requirement for it, for the life of
the CR.17 No additional funding was provided beyond the extension of the existing CR.
The House passed H.R. 1437 in its amended form on December 14, 2022, by a vote of 224-201.18
The Senate agreed to the House amendment on December 15, 2022, by a vote of 71-19.19
President Biden signed the bill on December 16, 2022, and it became P.L. 117-229.
On December 22, the Senate amended H.R. 4373, an unrelated House-passed measure, replacing
its text with an amendment to the Continuing Appropriations Act, extending its expiration date to
December 30, 2022. Although the Senate and House were in the process of approving the
Consolidated Appropriations Act, 2023, that measure would not be ready for enactment before the
expiration of the existing CR.20 The Senate passed the amended version of H.R. 4373 by a voice
vote, and the House agreed to the Senate amendment under the terms of H.Res. 1531 on
December 23. The President signed it into law that same day, and it became P.L. 117-264.
FY2023 Supplemental Appropriations for DHS
Parallel FY2023 Supplemental Appropriations
The Administration’s technical assistance document on a possible CR, provided 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.21
On November 18, 2022, the White House provided a second technical assistance document
regarding funding that was needed to address recent disasters.22 The list of funding needs
included
• $39 million in Operations and Support appropriations and $123.5 million in
Procurement, Construction, and Improvements appropriations for the U.S. Coast
Guard for costs related to Hurricanes Ian and Fiona;
• $11 billion in appropriations for the Disaster Relief Fund;
• $2.9 billion for FEMA to address outstanding claims from the Hermit’s Peak fire;
and
• $4 billion for the National Flood Insurance Fund for the National Flood
Insurance Program to pay claims.
Division N of P.L. 117-328 included roughly $6.9 billion in supplemental appropriations for
DHS:

17 P.L. 117-209, Division A. The authority and reporting requirement (6 U.S.C. §1525) would have expired on
December 18, 2022, without such an extension.
18 House Roll Call 523, available at https://clerk.house.gov/Votes/2022523.
19 Senate Record Vote Number 399, available at https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/
vote_117_2_00399.htm.
20 Enrolling bills—proofreading and printing official copies of passed legislation in preparation for signature—of a
significant length can be a lengthy process. The enrolled version of H.R. 2617 was 1,653 pages.
21 OMB, FY2023 CR Appropriations Issues, p. 49.
22 OMB, “Technical Assistance Regarding Funding Needs to Address Recent Natural Disasters,” November 18, 2022,
https://www.whitehouse.gov/wp-content/uploads/2022/11/FY-2023-Supplemental-funding-request-for-disasters.pdf.
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• $39 million in Operations and Support appropriations, and $115.5 million in
Procurement, Construction, and Improvements appropriations for the U.S. Coast
Guard for costs related to Hurricanes Ian and Fiona;
• $5 billion in appropriations for the Disaster Relief Fund, of which $13 million
was to be transferred to the DHS Office of Inspector General for disaster relief
oversight;
• $1.45 billion for FEMA to address outstanding claims from the Hermit’s Peak
fire; and
• $309 million to fund activities usually covered by Immigration User Fee receipts.
Potential Second FY2023 Supplemental Appropriations for DHS
Discussions at an April 2023 House Appropriations Committee hearing indicated that an
additional supplemental request was anticipated to address an expected shortfall23 in the Disaster
Relief Fund for FY2023.24 On August 10, 2023, the Biden Administration submitted a
supplemental appropriations request to Congress that included $12 billion for the Disaster Relief
Fund, which would cover the projected shortfall and provide additional resources for potential
forthcoming catastrophic events. This request also included funding for several other DHS
accounts, including:
• $112 million for the Office of Biometric Identity Management, within the
Management Directorate, “to support DHS’s biometric technology systems;”25
• $1.76 billion for U.S. Customs and Border Protection, of which
o $203 million would be for border management operations;
o $606 million would be for CBP to reimburse the Department of Defense for
Southwest Border activity;
o $600 million would be for Shelter and Services Program Grants (to be
transferred to FEMA); and
o $350 million would be for efforts to counter fentanyl trafficking;26
• $759 million for U.S. Immigration and Customs Enforcement, of which
o $714 million would be to deal with migration surges on the U.S.-Mexico
border; and
o $45 million would be for efforts to counter fentanyl trafficking;

23 At the end of March 2023, FEMA anticipated that by the end of the fiscal year, funding requirements for major
disasters would exceed DRF resources by more than $11.7 billion.
24 House Appropriations Committee, “Joyce Remarks at FY24 Budget Hearing for the Federal Emergency
Management Agency (As Prepared),” April 18, 2023, available at https://appropriations.house.gov/news/statements/
joyce-remarks-fy24-budget-hearing-federal-emergency-management-agency-prepared.
25 $61 million for Operations and Support and $51 million for Procurement, Construction, and Improvements. Letter
from Shalanda D. Young, Directior, OMB, to the Hon. Kevin McCarthy, Speaker of the House of Representatives,
August 10, 2023, pp. 45-46, https://www.whitehouse.gov/wp-content/uploads/2023/08/Final-Supplemental-Funding-
Request-Letter-and-Technical-Materials.pdf.
26 $27 million for fentanyl-related Operations and Support and $323 million for non-intrusive inspection equipment
under Procurement, Construction, and Improvements.
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• $21 million for the Science and Technology Directorate for counter-fentanyl
research and development.

Author Information

William L. Painter

Specialist in Homeland Security and Appropriations

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