Department of Homeland Security Appropriations: FY2023 Provisions

June 2, 2023 R47584

Department of Homeland Security
June 2, 2023
Appropriations: FY2023 Provisions
William L. Painter
Through appropriations legislation, Congress provides not only budget authority for federal
Specialist in Homeland
agencies and departments to operate, but also legally binding direction on how that budget
Security and
authority can (or cannot) be used. Sometimes enacted appropriations measures include
Appropriations
authorizing (or “legislative”) provisions as well.

These directions may appear in three places in an appropriations act:

1. in the language of individual appropriations;
2. in administrative provisions at the end of a title; and
3. in general provisions at the end of a bill (or division, in the case of a consolidated measure).
Some of these directions directly relate to the management of budget authority enacted in the measure, while others relate to
policy or operational matters. As with any facet of legislation, these provisions are not constant. Due to the passage of time or
enactment of permanent legislation, a provision may require adjustment or lose its relevance. Provisions are also a focus of
negotiations between the parties and between the chambers during the appropriations process, so provisions will evolve
through negotiations until a compromise is worked out in the final measure.
Rather than reciting the entire catalog of more than 100 administrative and general provisions in the Department of
Homeland Security (DHS) Appropriations Act, 2023, this report focuses on the substantive changes in directions provided
from FY2022 to FY2023.

Congressional Research Service

Department of Homeland Security Appropriations: FY2023 Provisions

Introduction
Through appropriations legislation, Congress provides not only budget authority for federal
agencies and departments to operate, but also legally binding direction on how that budget
authority can (or cannot) be used. Sometimes enacted appropriations measures include
authorizing (or “legislative”) provisions as well.
These directions may appear in three places in an appropriations act:
1. in the language of individual appropriations;
2. in administrative provisions at the end of a title; and
3. in general provisions at the end of a bill (or division, in the case of a consolidated
measure).
Some of these directions directly relate to the management of budget authority enacted in the
measure, while others relate to policy or operational matters. As with any facet of legislation,
these provisions are not constant. Due to the passage of time or enactment of permanent
legislation, a provision may require adjustment or lose its relevance. Provisions are also a focus
of negotiations between the parties and between the chambers during the appropriations process,
so provisions will evolve through negotiations until a compromise is worked out in the final
measure.
This report focuses on the substantive changes in administrative and general provisions enacted in
the Department of Homeland Security (DHS) Appropriations Act, 2023.1
• For more information on the President’s DHS budget request for FY2023, see
CRS Report R47123, DHS Budget Request Analysis: FY2023.
• For more information on the budget authority provided to DHS components
through the FY2023 appropriations process, see CRS Report R47220,
Comparing DHS Component Funding, FY2023: In Brief.
• For more information on the current status of DHS appropriations for FY2023,
see CRS Report R47239, Department of Homeland Security Appropriations:
FY2023 State of Play.
• For information on DHS structure, component missions, and longer-term staffing
and funding history, see CRS Report R47446, The Department of Homeland
Security: A Primer.
Scope and Methodology
This report provides an outline, by title, of the administrative and general provisions included in
the annual DHS appropriations act for FY2023. For each title, quick tally of provisions included
in the DHS Appropriations Act, 2022 is provided, and how the provisions in the FY2023 Act
compare. It first describes Administration proposals and past provisions that were NOT included,
then notes new provisions and those with substantive changes (ones that would alter the practical
effects of the prior year’s provisions). For provisions described, the report notes
• those included in the FY2022 act;

1 P.L. 117-328, Div. F.
Congressional Research Service

1

Department of Homeland Security Appropriations: FY2023 Provisions

• those provisions proposed by the Administration in the FY2023 budget request;
and
• the resolution of these proposals in the DHS Appropriations Act, 2023.
In the process, the report indicates whether and how those provisions were included in
• H.R. 8257, the DHS appropriations bill reported by the House Appropriations
committee; and
• the Senate Appropriations Committee majority draft bill (for simplicity of
persistent references, this report cites to S. 4678, an identical measure introduced
by the Senate subcommittee chair).
The President’s FY2023 budget request did not expressly take positions on the FY2022 DHS
appropriations measure, given that the bill was enacted in early March, after the statutory
deadline for the release of the President’s budget. As the President’s FY2023 budget request was
released less than one month after the enactment of the FY2022 consolidated appropriations
measure, it had likely been formulated without complete knowledge of final FY2022
appropriations or accompanying provisions. Therefore, any variances between the two—
inclusions, restructuring, or omissions—should not necessarily be seen as the Administration
responding to the enacted bill.
Security, Enforcement, and Investigations Administrative
Provisions (Title II)
Title II of the DHS Appropriations Act, 2023 covers appropriations for:
• U.S. Customs and Border Protection (CBP);
• U.S. Immigration and Customs Enforcement (ICE);
• the Transportation Security Administration (TSA);
• U.S. Coast Guard (USCG); and
• U.S. Secret Service (USSS).
There were 36 administrative provisions included at the end of Title II of the FY2022 act.2 The
FY2023 act also included 36 administrative provisions in Title II: three from FY2022 were not
included, three were substantively changed from FY2022, and three that had not appeared in
FY2022 were added.3 The other 30 remained essentially unchanged.

2 Descriptions of these provisions can be found in the FY2022 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on
Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated
Appropriations Act, 2022,” Congressional Record, vol. 168, no. 42, Book III (March 9, 2022), pp. H2405-H2406.
3 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on
Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol.
168, no. 198, Book II (December 20, 2022), pp. S8564-S8565.
Congressional Research Service

2

Department of Homeland Security Appropriations: FY2023 Provisions

Not Included
Administration Proposals
The Administration proposed several new administrative provisions for Title II in the budget
request for FY2023 that were not adopted:
• authorization for CBP and ICE to reimburse third parties for COVID-19 testing
and shelter in certain cases;
• authorization for CBP to use unobligated balances of its “Procurement,
Construction, and Improvement” appropriations from FY2018-FY2021 for other
specified border management purposes;
• removal of previously enacted restrictions on the types of border barrier that
could be constructed that had been carried in DHS appropriations acts for
FY2018-FY2020; and
• authorization for DHS to transfer up to $225 million in unobligated CBP
Procurement Construction, and Improvement appropriations from prior years to
the Department of the Interior (including any agency or bureau within the
Department of the Interior) or the Forest Service “for the execution of
environmental and other mitigation projects or activities ... related to the
construction of border barriers on the southwest border.”
Prior Year Provisions
Three provisions included in the FY2022 act were not carried forward in FY2023:
• FY2022 Section 212: a one-time amendment regarding cellular relay rescue
beacons;
• FY2022 Section 213: a $100 million appropriation for CBP “Operations and
Support” to support certain Border Patrol hiring and contracting functions; and
• FY2022 Section 232: a $50 million appropriation for a grant for the National
Coast Guard Museum.
Substantive Changes and Additions
Section 208
In FY2022, this administrative provision required the Secretary to submit an expenditure plan for
U.S. Customs and Border Protection’s “Procurement, Construction and Improvements”
appropriation.
In FY2023, while neither H.R. 8257 nor S. 4678 proposed a modification, P.L. 117-328 assigned
the reporting requirement to the Commissioner of U.S. Customs and Border Protection.
FY2022 Section 209 / Section 212
In FY2022, this administrative provision delimited the use of part of U.S. Customs and Border
Protection’s “Procurement, Construction and Improvements” appropriation.
Congressional Research Service

3

link to page 7 Department of Homeland Security Appropriations: FY2023 Provisions

In FY2023, the Administration did not include the administrative provision in its request, and
neither H.R. 8257 nor S. 4678 included similar language. P.L. 117-328 included a modified
provision as Section 212, controlling the entire $581.6 million of the appropriation (see Table 1).
Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions
Program, Project, or Activity
FY2022
FY2023
Acquisition and deployment of
$276,000,000
$230,277,000
border technologies
Trade and travel assets and
99,653,000
126,047,000
infrastructure
Facility construction and
93,425,000
99,900,000
improvements
Integrated operations assets and
72,395,000
92,661,000
infrastructure
Mission support and infrastructure
30,610,000
32,673,000
Total
572,083,000
581,558,000
Sources: P.L. 117-103, Section 209; P.L. 117-328, Section 212.
Section 211 (new)
This new administrative provision included in the FY2023 act provided for a grant program
funded by CBP and administered by FEMA to help nonprofit organizations provide shelter and
other services to migrants. This program was to be an evolution of federal support for such
activities under FEMA’s “Emergency Food and Shelter Program-Humanitarian (EFSP-H).”4 $800
million for this program was transferred from CBP to FEMA elsewhere in the bill, and this
provision allowed up to $785 million of the transferred funds to be used for the EFSP-H, and
established parameters for its availability and use.
In FY2022, the general provisions for the act had included $150 million in EFSP-H funding. In
FY2023, H.R. 8257 included $150 million in FEMA’s “Federal Assistance” appropriation for
FEMA’s “Emergency Food and Shelter Program-Humanitarian” program, and S. 4678 included
$200 million.
FY2022 Section 222 / Section 221
In FY2022, this administrative provision required the Administrator of the TSA to submit to
certain congressional committees a single report that fulfils the requirements of a Capital
Investment Plan, a five-year technology investment plan, and an Advanced Integrated Passenger
Screening Technologies report within 30 days of the submission of the President’s budget
proposal.
In FY2023, Section 225 of H.R. 8257 proposed extending the deadline to 45 days. Section 223 of
S. 4678 included the administrative provision as it had been enacted in FY2022.

4 For additional information on the Shelter and Services Program, see CRS Insight IN12132, FEMA’s Emergency Food
and Shelter Program-Humanitarian Relief (EFSP-H) and the New Shelter and Services Program (SSP), by Elizabeth
M. Webster.
Congressional Research Service

4

Department of Homeland Security Appropriations: FY2023 Provisions

P.L. 117-328 included the provision as Section 221, giving the Administrator 45 days from the
submission of the budget proposal to submit the report, and expanding the parameters of the
required Capital Investment Plan.
Section 222 (new)
This new administrative provision included in the FY2023 act extends by two years the authority
for a pilot program for screening of passengers outside of an existing primary passenger terminal
screening area.
The provision had been included in H.R. 8257 as Section 226, but had not been formally
requested by the Administration in their annual budget request and was not included in S. 4678.
Section 236 (new)
In FY2023, this new administrative provision directs $23 million of the U.S. Secret Service’s
“Operations and Support” appropriation for facilities of the National Computer Forensics
Institute.
A similar provision had been included as Section 237 of S. 4678, directing $9.5 million for the
same purpose. The Administration did not include such an administrative provision in their
request, nor did such a provision appear in H.R. 8257.
Protection, Preparedness, Response, and Recovery Administrative
Provisions (Title III)
Title III of the DHS Appropriations Act, 2023 covers appropriations for:
• the Cybersecurity and Infrastructure Security Agency (CISA); and
• Federal Emergency Management Agency (FEMA).
There were eleven administrative provisions included at the end of Title III of the FY2022 DHS
Appropriations Act.5 The FY2023 act included eleven as well: two from FY2022 were not
included, two were substantively changed, and two that had not appeared in FY2022 were added.
The other seven remained essentially unchanged.6
Not Included
Administration Proposal
The Administration proposed a new administrative provision that would have allowed any prior-
year unobligated balances in the Pre-disaster Mitigation Fund to be merged with funding for the

5 Descriptions of these provisions can be found in the FY2022 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on
Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated
Appropriations Act, 2022,” Congressional Record, vol. 168, no. 42, Book III (March 9, 2022), p. H2417.
6 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on
Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol.
168, no. 198, Book II (December 20, 2022), p. S8579. Technical changes made to reflect a numbering shift due to the
inclusion of the Nonprofit Security Grant Program as a separate element are not included.
Congressional Research Service

5

Department of Homeland Security Appropriations: FY2023 Provisions

Building Resilient Infrastructure and Communities (BRIC) grant program. This specific provision
was not included in the FY2023 act.
Prior Year Provisions
Provisions not carried forward in FY2023 included:
• FY2022 Section 301: a provision authorizing the Cybersecurity and
Infrastructure Security Agency (CISA) to use certain funds for a cybersecurity
competition.
• FY2022 Section 311: a provision modifying the percentage share of the cost of
certain disaster response and recovery projects that could be covered by the
federal government.
Substantive Changes and Additions
FY2022 Section 302 / Section 301
In FY2023, this administrative provision, slightly modified from its FY2022 form, allowed CISA
“Operations and Support” appropriations to be used to provide cybersecurity threat feeds to a
broader range of CISA’s various partners, fusion centers, and Information and Analysis
Organizations. Neither H.R. 8257 nor S. 4678 included the provision.
Section 302 (new)
In FY2023, this new administrative provision required the Director of CISA to provide quarterly
budget and staffing briefings that had been originally laid out in the explanatory statement
accompanying the FY2022 DHS Appropriations Act, making them a statutory requirement, and
curtailing certain CISA funding unless the briefings are provided within a certain time frame.
Neither H.R. 8257 nor S. 4678 included the provision.
Section 304 (new)
In FY2023, this new administrative provision clarified the allocation of funds for the Homeland
Security Grant Program, specifically removing the Nonprofit Security Grant Program from such
calculations. This modification had been included in Section 302 of both H.R. 8257 and S. 4678.
FY2022 Section 305 / Section 306
In FY2022, this administrative provision required FEMA to brief the appropriations committees
on the award of certain preparedness grants at least five business days prior to the public
announcement of the award.
In FY2023, the provision was modified to add a reduction of the FEMA “Operations and
Support” appropriation should FEMA announce such grant awards without meeting that
requirement. This modification had been included in Section 304 H.R. 8257, but not Section 305
of S. 4678.
Research, Development, Training, and Services Administrative
Provisions (Title IV)
Title IV of the DHS Appropriations Act, 2023 covers appropriations for:
Congressional Research Service

6

Department of Homeland Security Appropriations: FY2023 Provisions

• U.S. Citizenship and Immigration Services;
• Federal Law Enforcement Training Centers (FLETC);
• the Science and Technology Directorate (S&T); and
• the Countering Weapons of Mass Destruction Office.
There were eight administrative provisions included at the end of Title IV of the FY2022 DHS
Appropriations Act.7 The FY2023 act included seven: one from FY2022 was not included and the
other seven remained essentially unchanged.8
Not Included
Prior Year Provision
• FY2022 Section 403 carried forward by reference a provision from the FY2020
appropriations act. The original provision required that U.S. Citizenship and
Immigration Services publicly report on a semimonthly basis on the adjudication
of claims of fear of persecution or torture. The provision was not included in
H.R. 8257, but included in Section 403 of S. 4678. It was not included in P.L.
117-328, but a related general provision (Section 545) is discussed below.
Departmental Management, Intelligence, Situational Awareness
and Oversight Administrative Provisions (Title I)
Title I of the DHS Appropriations Act, 2023 covers appropriations for:
• the Office of the Secretary and Executive Management;
• the Management Directorate;
• Intelligence, Analysis, and Situational Awareness; and
• the Office of Inspector General.
There were eight administrative provisions included at the end of Title I of the FY2022 act.9 The
FY2023 act also included eight at the end of Title II: one from FY2022 was not included, two
were substantively changed from FY2022, and one that had not appeared in FY2022 was added.
The first five remained essentially unchanged.10

7 Descriptions of these provisions can be found in the FY2022 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on
Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated
Appropriations Act, 2022,” Congressional Record, vol. 168, no. 42, Book III (March 9, 2022), p. H2419.
8 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on
Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol.
168, no. 198, Book II (December 20, 2022), p. S8582. FY2022 Section 404 (now Section 403) was simplified, but had
no substantive change in its effect.
9 Descriptions of these provisions can be found in the FY2022 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on
Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated
Appropriations Act, 2022,” Congressional Record, vol. 168, no. 42, Book III (March 9, 2022), p. H2398.
10 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on
(continued...)
Congressional Research Service

7

Department of Homeland Security Appropriations: FY2023 Provisions

Not Included
Prior Year Provisions
• FY2022 Section 108 authorized reimbursement to airports of certain costs related
to receiving evacuees from Afghanistan.
Substantive Changes and Additions
Section 106
In FY2022, this administrative provision required the Under Secretary for Management to
provide quarterly a briefing to the appropriations committees on DHS’s major acquisition
programs,11 as well as copies of each acquisition memorandum as they are approved. The
requirement would have covered all acquisition programs costing more than $300 million over
their lifecycle on the DHS Master Acquisition Oversight List.12 All such programs from the point
that a program manager has begun to review approaches to meeting a capability need to full
operational capability were to be included, including those programs removed from the list in the
preceding quarter. This was a new provision at the time.
In FY2023, P.L. 117-328 included the provision as Section 106 with additional modifications to
the lifecycle cost estimate parameters by adding a breakout for the prior five years, the current
year, and the budget year, and a breakout of the estimate by appropriation account or other
funding source. Section 106 of H.R. 8257 had included a similar proposal, including additional
requirements for the lifecycle cost estimates presented. S. 4678 included the provision with the
FY2022 terms.
Section 107
In FY2022, this new administrative provision required reporting from the DHS Under Secretary
for Management to the appropriations committees before DHS could obligate money from the act
for pilot or demonstration programs above a certain size.
In FY2023, Section 107 of H.R. 8257 restructured the requirement, adding a requirement for
additional information on the transition of such pilots into more enduring programs. Section 107
of S. 4678 would have raised the threshold for included projects from those that propose to use
more than five full-time equivalents (FTE) or $1 million to those that propose to use more than 10
FTE or $5 million. S. 4678 would have provided exceptions for existing projects and those
specifically directed by Congress.
P.L. 117-328 included the provision as Section 107, incorporating both sets of changes and a
further exclusion for information technology (IT) projects under a procurement contract and those
carried out by nonfederal recipients of financial assistance from DHS.

Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol.
168, no. 198, Book II (December 20, 2022), p. S8556.
11 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special
management attention because of its: (1) importance to an agency’s mission; (2) high development, operating, or
maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency’s programs,
finances, property, or other resources.”
12 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.
Congressional Research Service

8

Department of Homeland Security Appropriations: FY2023 Provisions

Section 108 (new)
In FY2023, Section 108 provides for a $14 million transfer of previously appropriated Disaster
Relief Fund resources from the American Rescue Plan Act to the DHS Office of Inspector
General, which had been included in H.R. 8257 as Section 108, and S. 4678 as Section 311(a)(2).
General Provisions (Title V)
As noted earlier, Title V of the annual DHS appropriations act historically contains general
provisions, the impact of which may reach across the government, apply to the entire department,
affect multiple components, or focus on a single activity. Title V often includes provisions that
make additional appropriations and others that make rescissions—cancellations of previously
provided budget authority that offset the overall cost of the bill.13
Some Provisions Are More General Than Others
There are general provisions not included in this report that affect DHS; their effect is so broad they cover the
entire federal government. Title VII of the Financial Services and General Government Appropriations Act
includes these broadest general provisions, which address a range of issues.
There were 48 general provisions included in Title V of the FY2022 DHS Appropriations Act.
The FY2023 act included 49: six from FY2022 were not included, four were substantively
changed from FY2022, and seven14 that had not appeared in FY2022 were added. The other 38
remained essentially unchanged.15
Not Included
Administration Proposals
The Administration proposed two new general provisions for DHS in FY2023, neither of which
was included:
• One to allow resources from any DHS component to be deployed to deal with a
rise in the number of undocumented migrants at the southwest border, and for
“the enforcement of immigration and customs laws, detention and removals of
undocumented migrants crossing the border unlawfully, and investigations
without reimbursement as jointly agreed by the detailing components;” and
• One to allow up to five percent of any appropriation to be transferred to the DHS
Information Technology Modernization Fund, and that those funds would be
available for obligation for three more years.

13 Descriptions of these provisions can be found in the FY2022 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on
Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated
Appropriations Act, 2022,” Congressional Record, vol. 168, no. 42, Book III (March 9, 2022), p. H2419-H2421.
14 The new Section 510 was a restatement of a general provision that had been included by reference in FY2022.
15 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory
statement, as printed in “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on
Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol.
168, no. 198, Book II (December 20, 2022), pp. S8582-S8584.
Congressional Research Service

9

Department of Homeland Security Appropriations: FY2023 Provisions

Prior Year Provisions
Three general provisions that had been included in the FY2022 Act were not carried forward in
FY2023:
• FY2022 Section 529 extended the authority for the Secretary of Homeland
Security to use other transaction authority for research and development activities
and prototype projects through the fiscal year. A provision to extend this
authority through FY2024 was included as Section 7227 of the FY2023 James
M. Inhofe National Defense Authorization Act,16 so it was no longer required in
the FY2023 DHS appropriations measure.
• FY2022 Section 538 established a “Department of Homeland Security
Nonrecurring Expenses Fund,” which can receive unobligated appropriations up
to five years after their expiration, and use those to fund information technology
improvements and facilities infrastructure improvements, subject to the approval
of the Office of Management and Budget.
• FY2022 Section 542 provided $650 million in emergency-designated budget
authority for CBP to cover the costs of programs left unpaid for due to a shortfall
in Immigration User Fee receipts.
• FY2022 Sections 544 and 545 rescinded funding from CBP and reappropriated it
to the Management Directorate for development of joint processing centers.
• FY2022 Section 548 rescinded $148 million in unobligated funds from the
Disaster Relief Fund’s “base”—that portion that does not pay directly for the
costs of major disasters. No similar provision was included the FY2023 act.17
Substantive Changes and Additions
Section 510 (new) / Section 511
In FY2023, Section 510 was an explicit inclusion of a restriction on the use of funds to pay the
salary of a person acting as a contracting officer’s representative or in a similar role if they have
not completed training for said role. In prior years, this had been included by reference to prior
acts, along with two other provisions still included by reference in Section 511 regarding sensitive
security information and the Energy Policy Act of 1992. H.R. 8257 had included the Section 510
provision.18 S. 4678 had included all the provisions by reference.19
Section 514
This long-standing general provision, which first appeared in FY2007, bars the use of funds to
carry out departmental reorganization under Section 872 of the Homeland Security Act.
In FY2022, this provision was included in Section 513, which had been modified to allow a
specific reorganization of certain functions that had been under the Countering Weapons of Mass
Destruction Office. The FY2023 version of the general provision in Section 514 essentially

16 P.L. 117-263.
17 Section 136 of the Continuing Appropriations Act, 2023 (P.L. 117-180, Division A) had redirected $2.5 billion of the
Disaster Relief Fund “base” to pay claims against the federal government from certain wildfires.
18 H.R. 8257, Section 511.
19 S. 4678, Section 510.
Congressional Research Service

10

link to page 15 Department of Homeland Security Appropriations: FY2023 Provisions

returns to the baseline restriction, which requires reorganizations of the Department to be
explicitly authorized by Congress.
Section 539 (new)
In FY2023, this new general provision barred the use of DHS funds “to enter into a procurement
contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or guarantee to” any entity identified as a Chinese military company operating in
the United States, or their subsidiaries. This provision had been included in Section 537 of H.R.
8257, but not S. 4678.
Section 540 (new)
In FY2023, this new general provision made technical corrections to Section 205 of the Stafford
Act, which allows the FEMA Administrator to make capitalization grants to states or tribal
entities to establish hazard mitigation revolving loan funds. Section 205 had been added by P.L.
116-284, the Safeguarding Tomorrow through Ongoing Risk Mitigation Act, or STORM Act in
January, 2021. This provision had been included in H.R. 8257,20 but not S. 4678.
Sections 541 (new) and 542 (new)
In FY2023, these two general provisions made technical corrections to a Community Funding
Project and a Congressionally Direct Spending grant, respectively, both of which had been funded
in FY2022.
Section 545 (new)
In FY2023, this new general provision required the Secretary to develop and share bimonthly
estimates on noncitizens anticipated to arrive at the U.S.-Mexico border, and use those estimates
to inform policymaking and budget processes. The provision had not been included in H.R. 8257,
but had been included in Section 541 of S. 4678.21
Section 546
In FY2022, this general provision provided emergency-designated funding for CBP, ICE, and
FEMA to address the situation at the U.S.-Mexico Border.22
In FY2023, this general provision had a similar function, providing more resources, but only to
CBP and ICE. Details are included in Table 2. New requirements accompanied the funding:
• The provided funds could not be used for hiring permanent federal employees,
for flight hours except for CBP Air and Marine Operations, and internal
transportation of noncitizens, or for border security technology other than that
needed to improve Border Patrol processing.
• An expenditure plan was required 45 days after enactment (as opposed to 30 days
in the FY2022 Act), and the plan was to be updated every sixty days until all
funds were expended or expired.

20 H.R. 8257, Section 538.
21 S. 4678, Section 541.
22 P.L. 117-103, Div. F, Section 543.
Congressional Research Service

11

link to page 15 Department of Homeland Security Appropriations: FY2023 Provisions

Table 2. Emergency Funding for Border Management in Annual DHS Appropriations,
FY2022-FY2023
Component
FY2022 (Sec. 543)
FY2023 (Sec. 546)
Purpose
U.S. Customs and
$993,792,000
$1,563,143,000 “for border management
Border Protection
requirements”
U.S. Immigration and
$239,658,000
$339,658,000 “for non-detention border
Customs Enforcement
management requirements”
Federal Emergency
$150,000,000
$0a “for the emergency food and shelter
Management Agency
program for the purposes of providing
shelter and services to families and
individuals encountered by the
Department of Homeland Security”
Total
$1,383,450,000
$1,902,801,000
Source: CRS analysis of P.L. 117-103, Div. F, Section 543 and P.L. 117-328, Div. F, Section 546.
Notes:
a. $800 mil ion provided for congruent purposes to CBP, with $785 available to transfer to FEMA for use in
the Emergency Food and Shelter-Humanitarian program.
Section 547 (new)
This new general provision extended through the end of FY2023 the authority for the Secretary
and the Attorney General to take steps to mitigate threats posed by unmanned aerial vehicles. The
provision had not been included in either H.R. 8257 or S. 4678, but an extension of the authority
had been included as an anomaly in the FY2023 continuing resolution.23
Rescissions
These general provisions provide for rescissions of prior-year appropriations.
Section 548
In FY2023, Section 548 rescinded $348 million from various active and legacy accounts at DHS.
In FY2022, a similar provision rescinded $90 million.24
Section 549
In FY2023, Section 549 rescinded $46 million in expired “Operations and Support”
appropriations from 12 different accounts. In FY2022, a similar provision rescinded $42 million
from 14 different accounts.25

23 P.L. 117-180, Section 141.
24 P.L. 117-103, Div. F, Section 546.
25 P.L. 117-103, Div. F, Section 547.
Congressional Research Service

12

Department of Homeland Security Appropriations: FY2023 Provisions

Appendix A. Glossary of Abbreviations
BRIC
Building Resilient Infrastructure and Communities
CBP
U.S. Customs and Border Protection
CISA
Cybersecurity and Infrastructure Security Agency
CRS
Congressional Research Service
DHS
U.S. Department of Homeland Security
DRF
Disaster Relief Fund
FEMA
Federal Emergency Management Agency
FLETC
Federal Law Enforcement Training Centers
ICE
U.S. Immigration and Customs Enforcement
OIG
Office of Inspector General
OMB
Office of Management and Budget
OSEM
Office of the Secretary and Executive Management
O&S
Operations and Support
PC&I
Procurement, Construction, and Improvements
R&D
Research and Development
S&T
Science and Technology Directorate
TSA
Transportation Security Administration
USCG
U.S. Coast Guard

Congressional Research Service

13

Department of Homeland Security Appropriations: FY2023 Provisions

Appendix B. List of CRS Experts

Area of Expertise
Name
Coordinator, Department of Homeland Security; Cross-Cutting Issues; Federal
Wil iam L. Painter
Emergency Management Agency (FEMA) Disaster Relief Fund (DRF)
Departmental Management, Personnel Issues
Barbara L. Schwemle
Analysis and Operations
Lisa N. Sacco
Office of Inspector General
Ben Wilhelm
U.S. Customs and Border Protection (CBP) Office of Field Operations (at Ports of
Abigail F. Kolker
Entry)
Immigration and Customs Enforcement; CBP Border Patrol (between Ports of Entry)
Hol y Straut-Eppsteiner
Transportation Security Administration; Aviation Security
Bart Elias
U.S. Coast Guard (USCG), Personnel and Administration
Alan Ott
USCG Health Care
Bryce H.P. Mendez
USCG Shipbuilding
Ronald O'Rourke
USCG, Maritime Transportation
John Frittelli
U.S. Secret Service; Federal Protective Service; FEMA Preparedness Grants
Shawn Reese
Cybersecurity and Infrastructure Security Agency (CISA), Cybersecurity
Chris Jaikaran
CISA, Infrastructure Protection; FEMA, Fire Grants and U.S. Fire Administration
Brian E. Humphreys
Office of Countering Weapons of Mass Destruction
Frank Gottron
FEMA, Disaster Response / Recovery; Individual Assistance Program
Elizabeth M. Webster
FEMA, Mitigation Programs and National Flood Insurance Program
Diane P. Horn
FEMA, Disaster Response / Recovery; Public Assistance Program
Erica A. Lee
Disaster Declarations
Bruce R. Lindsay
U.S. Citizenship and Immigration Services
Wil iam A. Kandel
Science and Technology Directorate
Daniel Morgan

Author Information

William L. Painter

Specialist in Homeland Security and Appropriations

Congressional Research Service

14

Department of Homeland Security Appropriations: FY2023 Provisions

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.

Congressional Research Service
R47584 · VERSION 1 · NEW
15

Download PDF

Download EPUB

Revision History

Jun. 2, 2023

HTML · PDF

Metadata

Topic areas

Energy Policy

National Defense

Appropriations

Report Type: CRS Report

Source: CRSReports.Congress.gov

Raw Metadata: JSON