Department of Homeland Security Appropriations: FY2024 State of Play

Department of Homeland Security Appropriations: FY2024 State of Play

Department of Homeland Security
Appropriations: FY2024 State of Play
Updated May 15, 2024
Congressional Research Service
https://crsreports.congress.gov
R47688

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Contents
Introduction ..................................................................................................................................... 1
Quick Summary: FY2024 DHS Appropriations Current Status ............................................... 1
DHS Appropriations Timing............................................................................................................ 1
The FY2024 DHS Appropriations Process ...................................................................................... 3
Advance Supplemental Appropriations ..................................................................................... 3
President’s Budget Request ....................................................................................................... 4
House Action ............................................................................................................................. 4
Senate Committee Action .......................................................................................................... 4
When Annual Appropriations Are Unresolved and the Fiscal Year Begins… .......................... 5
Continuing Resolution .............................................................................................................. 6
Proposed Anomalies and Authorization Extensions for FY2024 ........................................ 6
Continuing Resolution Enacted .......................................................................................... 7
Continuing Resolution Extensions ...................................................................................... 8
Consolidated Appropriations ..................................................................................................... 9
Supplemental Appropriations .................................................................................................... 9
National Security Supplemental Appropriations Act .......................................................... 9

Figures
Figure 1. DHS Appropriations Process Timing, FY2004-FY2024 ................................................. 2

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

Contacts
Author Information ........................................................................................................................ 10

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Introduction
FY2024 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.
Quick Summary: FY2024 DHS Appropriations Current Status
As of the date of publication
DHS annual appropriations were enacted on March 23, 2024, as P.L. 118-47, Division C.
• See “The FY2024 DHS Appropriations Process” for detailed legislative history.
• See “DHS Appropriations Timing” to put this information into historical context.
DHS was operating under the terms of a continuing resolution through March 22, 2024.
• See “Continuing Resolution” for technical details and legislative history.
Some advance and supplemental appropriations have been provided that are available in FY2024.
• See “Advance Supplemental Appropriations” for details on advance
appropriations.
• See “Continuing Resolution Enacted” for details on supplemental appropriations
provided as the fiscal year began.
• See “Supplemental Appropriations” for detail on other supplemental
appropriations provided after enactment of FY2024 DHS annual appropriations.
DHS Appropriations Timing
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
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Department of Homeland Security Appropriations: FY2024 State of Play

• 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.
Figure 1. DHS Appropriations Process Timing, FY2004-FY2024

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, FY2022, and FY2024
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. A series of measures extended continuing appropriations for DHS through March 22, 2024.
DHS FY2024 annual appropriations were enacted March 23, 2024, as P.L. 118-47, Division C.
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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.1 $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
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
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.

1 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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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.2 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 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.
On September 26, 2023, the House Rules Committee reported out H.Res. 723. This rule, which
covered three other appropriations bills as well, made in order 80 amendments to H.R. 4367. The
House took up the bill on September 27, 2023. Before final disposition of the last four
amendments and motion to recommit, a second rule (H.Res. 730) addressing consideration of
H.R. 4367 was passed, with a self-executing amendment that struck two provisions and added a
third—a provision carried in prior years’ consolidated appropriations measures regarding raising
the limit on the number of H-2A visas issued to accommodate returning workers.3 Ultimately, 50
of the amendments made in order were adopted, all by voice vote, including 23 in an en bloc
amendment. A motion to recommit the bill to the House Appropriations Committee failed on a
party-line vote of 210-218, and the bill passed the House 220-208 on September 28, 2023.
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

2 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.
3 See P.L. 117-328, Division O, §303.
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contingency funding, this budget authority would result in a net increase of $0.67 billion from the
enacted annual level for FY2023.
When Annual Appropriations Are Unresolved and the 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.4
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
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, 2023.5 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.6

4 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.
5 The lists were 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.
6 P.L. 113-235, Division L.
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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-
December, 2023.7 The request included two adjustments to the rate of spending allowed under the
CR to accommodate certain situations:8
• potential disaster activity (allowing accelerated apportionment of CR funding to
support the disaster response and recovery efforts under the Stafford Act);9 and
• increased operational costs (allowing apportionment at a rate to maintain
adequate staffing levels to support transportation security screening operations).10
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:11
• Extension of the authority for enforcement of Chemical Facility Anti-Terrorism
Standards (CFATS), which had expired on July 27, 2023;12
• Extension of the authorization for the National Cybersecurity Protection System
(NCPS), which defends federal agencies from known cyberthreats;13
• Extension of the authority for the National Flood Insurance Program to issue new
policies;14
• Extension of the waiver of foreign residence requirements for physicians working
in underserved areas (also known as the “Conrad State 30” Program);15
• Extension of authorization for the E-Verify employment eligibility verification
program;16

7 FY2024 CR Appropriations Issues, p. 3. https://www.crs.gov/products/Documents/FY2024_CR_anomalies_list/pdf/
FY2024_CR_anomalies_list.pdf.
8 FY2024 CR Appropriations Issues, pp. 15-16. https://www.crs.gov/products/Documents/FY2024_CR_anomalies_list/
pdf/FY2024_CR_anomalies_list.pdf.
9 A similar anomaly has been included in every CR starting in FY2018.
10 While this general type of anomaly has been requested before, this is the first time one has specifically and narrowly
addressed transportation security screening.
11 FY2024 CR Authorization Issues, p. 2. https://www.crs.gov/products/Documents/
FY2024_CR_authorization_provisions/pdf/FY2024_CR_authorization_provisions.pdf.
12 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.
13 6 U.S.C. §1525(a); expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title I.
14 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.
15 8 U.S.C. §1182 note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
16 8 U.S.C. §1324a note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
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• Extension of authority to grant special immigrant status to religious workers
other than ministers;17
• Providing authority to raise the cap on H-2B visas;18
• 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;19 and
• Extension of authorization of overtime pay for Secret Service personnel
performing protective services duty (the existing authority expires December 31,
2023).20
Continuing Resolution Enacted
On September 31, 2023, a continuing resolution (P.L. 118-15) was enacted to cover the first
several weeks of FY2024, expiring after November 17, 2023, or the enactment of annual
appropriations, whichever happens first.
The measure uses elements of the FY2023 consolidated appropriations act (P.L. 117-328) as its
basis for a rate for operations, including
• Division F (the DHS Appropriations Act, 2023);
• Division N, Title VI, Section 2602 (additional resources for customs and
immigration inspections through the Immigration User Fee Account); and
• Division O, Title III (extension of several immigration elements).
Section 129 of the measure included an emergency-designated supplemental appropriation of $16
billion for the Disaster Relief Fund (DRF). Unlike the continuing appropriations provided under
Section 101, this appropriation will not expire when the continuing resolution either lapses or is
superseded by annual appropriations under the terms of Section 106.21
The CR included three other sections related to DHS:
• Section 128—DRF Accelerated Apportionment: Section 128 provides that
amounts made available by Section 101 for the DRF may be apportioned at a rate
for operations necessary to carry out response and recovery activities under the
Stafford Act.22 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 unobligated

17 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.
18 8 U.S.C. §1184 note; expires at the end of FY2023; last extended through P.L. 117-328, Division O, Title III.
19 December 21, 2023, per 6 U.S.C. §591(e).
20 5 U.S.C. §5547 note; last extended through P.L. 116-269.
21 The supplemental appropriation is technically FY2023 budget authority, but as it is designated as an emergency
requirement and available until expended, the fiscal year of the appropriation is an accounting technicality.
22 42 U.S.C. §5121 et seq.
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balances are spent down while the CR is in effect. Similar anomalies have been
enacted via continuing appropriations measures each year since FY2018.23
• Section 130—Extension of the National Flood Insurance Program: Section
130 extends the borrowing authority for the NFIP, as well as the authority to
issue new flood insurance policies. Similar extensions have been enacted in CRs
since FY2018, but CRs have been used intermittently as vehicles for temporary
extensions of NFIP authorities since 1998.24
• Section 131—National Cybersecurity Protection System Extension: Section
131 extends the authorization for the National Cybersecurity Protection System
(NCPS), which authorizes multiple activities by DHS to help defend federal
agencies from cyberthreats. Initially provided under the Federal Cybersecurity
Enhancement Act of 2015,25 the authority included a specific termination seven
years after enactment. This authority was extended to the end of FY2023 in the
Consolidated Appropriations Act, 2023.26
Also, in Division B, Section 2221 extended a joint authority for DHS and the Department of
Justice (DOJ) to take action to mitigate threats posed by Unmanned Aerial Systems (UAS).27 The
authority, which had been set to expire on October 5, 2023, was extended through November 18,
2023.
Continuing Resolution Extensions
Extension #1
On November 16, 2023, P.L. 118-22 was enacted, which extended the expiration date of the
FY2024 CR and provided additional anomalies and extensions of key legislation. Division A
extended the expiration date for DHS FY2024 continuing appropriations to February 2, 2024. It
also included two additional sections related to DHS:
• Section 143—U.S. Secret Service Coverage of Non-annual Events: Section
143 allows apportionment of the U.S. Secret Service Operations and Support
appropriations “up to a rate for operations necessary to carry out activities related
to National Special Security Events and the 2024 Presidential Campaign.” This
anomaly ensures that funding will be available to address operational needs
related to these events not included in FY2023 appropriations, and thus could be
considered new activities or otherwise require resources at a faster rate than
would be provided under a CR.28

23 FY2024 CR Appropriations Issues, pp. 15-16. https://www.crs.gov/products/Documents/
FY2024_CR_anomalies_list/pdf/FY2024_CR_anomalies_list.pdf. Prior accelerated apportionments 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; P.L. 117-43,
§133; and P.L. 117-80, Division A, §135.
24 For additional information on what expiration of the program might mean, see CRS Insight IN10835, What Happens
If the National Flood Insurance Program (NFIP) Lapses?, by Diane P. Horn.
25 P.L. 114-113, Division N, Subtitle B.
26 P.L. 117-328, Division O, Title I, Section 101.
27 6 U.S.C. §124n.
28 Similar flexibility was provided in P.L. 112-36 §126, the interim CR covering FY2012.
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• Section 144—Office of Countering Weapons of Mass Destruction Office:
Section 144 provides the requested extension of the expiration of the authority
for the DHS Office of Countering Weapons of Mass Destruction. It has the effect
of extending the expiration date from December 21, 2023 to one day after the
expiration date of the CR—effectively February 3, 2024, as of the date of
enactment.
Section 601 of Division B also further extended the joint counter-UAS authority for DHS and
DOJ through February 3, 2024.
Extension #2
On January 18, 2024, P.L. 118-35 was enacted, which extended the expiration date of the FY2024
CR and provided additional anomalies and extensions of key legislation. Division A extended the
expiration date for DHS FY2024 continuing appropriations to March 8, 2024.
Section 301 of Division B also further extended the joint counter-UAS authority for DHS and
DOJ through March 9, 2024.
Extension #3
On March 1, 2024, P.L. 118-40 was enacted, Division A of which extended the expiration date for
DHS FY2024 continuing appropriations through March 22, 2024.29
Consolidated Appropriations
The night of March 20, 2023, House and Senate negotiators released the text of a six-measure
consolidated appropriations bill, which included the Department of Homeland Security
Appropriations Act, 2024 as Division C. At the same time, explanatory statements were released
by the House and Senate Appropriations Committees, in lieu of a conference report.
According to the Congressional Budget Office, Division C included $61.84 billion in budget
authority for DHS, as well as $20.26 billion in funding for the costs of major disasters under the
Stafford Act. On March 22, 2024, under suspension of the rules and by a vote of 286-134,30 the
House passed H.Res. 1102, which deemed the consolidated package was included as an
amendment to H.R. 2882, an unrelated measure. After the Senate did not agree to a number of
amendments, the Senate passed House-amended H.R. 2882 by a vote of 74-24 early in the
morning on March 23.31 The President signed it into law as P.L. 118-47 later that day.
Supplemental Appropriations
National Security Supplemental Appropriations Act
On April 24, 2024, the National Security Supplemental Appropriations Act was signed into law as
P.L. 118-50. Division A included a number of supplemental appropriations, including a total of
$400 million for DHS in Title II. $390 million was provided for the Nonprofit Security Grant

29 The joint counter-UAS authority was separately extended through May 11, 2024, by P.L. 118-41, Sec. 301.
30 House Roll Call 1102, available at https://clerk.house.gov/Votes/2024102.
31 Senate Record Vote Number 114, available at https://www.senate.gov/legislative/LIS/roll_call_votes/vote1182/
vote_118_2_00114.htm.
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Program under FEMA’s Federal Assistance appropriation, and $10 million was provided for
FEMA’s Operations and Support appropriation for the administration of those grants.

Author Information

William L. Painter

Specialist in Homeland Security and Appropriations

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