Department of Homeland Security Appropriations: FY2024 Provisions

Changes from August 23, 2023 to January 30, 2024

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Department of Homeland Security
~~August 23, 2023~~January 30, 2024
Appropriations: FY2024 Provisions
William L. Painter
Through appropriations legislation, Congress provides not only budget authority for federal Through appropriations legislation, Congress provides not only budget authority for federal
Specialist in Homeland Specialist in Homeland
agencies and departments to operate, but also legally binding direction on how that budget agencies and departments to operate, but also legally binding direction on how that budget
Security and Security and
authority can (or cannot) be used. Sometimes enacted appropriations measures include authority can (or cannot) be used. Sometimes enacted appropriations measures include
Appropriations Appropriations
authorizing (or “legislative”) provisions as well. authorizing (or “legislative”) provisions as well.

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

1. in the language of individual appropriations; 1. in the language of individual appropriations;
2. in administrative provisions at the end of a title; and 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). 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 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 policy or operational matters. As with any facet of legislation, these provisions are not constant. Due to the passage of time or
other legislative developments, a provision may require adjustment or lose its relevance. Provisions enacted in appropriations other legislative developments, a provision may require adjustment or lose its relevance. Provisions enacted in appropriations
legislation are also a focus of negotiations between the parties and between the chambers during the appropriations process, legislation are also a focus of negotiations between the parties and between the chambers during the appropriations process,
so provisions can evolve through negotiations until a compromise is worked out in the final measure. so provisions can 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 Rather than reciting the entire catalog of more than 100 administrative and general provisions in the Department of
Homeland Security (DHS) Appropriations Act, 2024, this report focuses on the substantive changes in directions provided Homeland Security (DHS) Appropriations Act, 2024, this report focuses on the substantive changes in directions provided
from FY2023 to FY2024. It includes changes from the provisions in the DHS Appropriations Act, 2023, reflected in: from FY2023 to FY2024. It includes changes from the provisions in the DHS Appropriations Act, 2023, reflected in:
• the detailed proposals for administrative and general provisions made in the Administration’s FY2024 • the detailed proposals for administrative and general provisions made in the Administration’s FY2024
appropriations request for DHS; appropriations request for DHS;
• the administrative and general provisions in House Appropriations Committee-reported H.R. 4367 • the administrative and general provisions in House Appropriations Committee-reported H.R. 4367, as well as amendments approved by the House of Representatives during floor consideration; and ~~; and~~
• the administrative and general provisions in Senate Appropriations Committee-reported S. 2625. • the administrative and general provisions in Senate Appropriations Committee-reported S. 2625.

Congressional Research Service Congressional Research Service

Department of Homeland Security Appropriations: FY2024 Provisions

Introduction
Through appropriations legislation, Congress provides not only budget authority for federal 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 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 authority can (or cannot) be used. Sometimes enacted appropriations measures include
authorizing (or “legislative”) provisions as well. authorizing (or “legislative”) provisions as well.
These directions may appear in three places in an appropriations act: These directions may appear in three places in an appropriations act:
1. in the language of individual appropriations; 1. in the language of individual appropriations;
2. in administrative provisions at the end of a title; and 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 3. in general provisions at the end of a bill (or division, in the case of a consolidated
measure). measure).
Some of these directions directly relate to the management of budget authority enacted in the 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, 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 other legislative developments, a these provisions are not constant. Due to the passage of time or other legislative developments, a
provision may require adjustment or lose its relevance. Provisions are also a focus of negotiations 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 between the parties and between the chambers during the appropriations process, so provisions
will evolve through negotiations until a compromise is reached and included in the final measure. will evolve through negotiations until a compromise is reached and included in the final measure.
While other appropriations reports focus on funding levels provided in the bill, this report focuses While other appropriations reports focus on funding levels provided in the bill, this report focuses
on these administrative and general provisions under consideration in the FY2024 appropriations on these administrative and general provisions under consideration in the FY2024 appropriations
process for the Department of Homeland Security (DHS). It describes the substantive changes in process for the Department of Homeland Security (DHS). It describes the substantive changes in
administrative and general provisions from those enacted in FY2023 reflected in the administrative and general provisions from those enacted in FY2023 reflected in the
Administration’s FY2024 budget request for DHS, and in the HouseAdministration’s FY2024 budget request for DHS, and in the House-passed and Senate committee- and Senate committee-
reported FY2024 DHS appropriations bills. reported FY2024 DHS appropriations bills.
• For more information on the President’s DHS budget request for FY2024, see • For more information on the President’s DHS budget request for FY2024, see
CRS Report R47496, CRS Report R47496, DHS Budget Request Analysis: FY2024. .
• For more information on the • For more information on the funding levels proposed in the DHS appropriations measures for FY2024, see CRS Report R47678, Comparing DHS Component Funding, FY2024: In Brief. • For more information on the current status of DHS appropriations for current status of DHS appropriations for ~~FY2023~~FY2024, ,
see CRS Report see CRS Report ~~R47239~~R47688, , Department of Homeland Security Appropriations:
~~FY2023~~FY2024 State of Play. .
• For information on DHS structure, component missions, and longer-term staffing • For information on DHS structure, component missions, and longer-term staffing
and funding history, see CRS Report R47446, and funding history, see CRS Report R47446, The Department of Homeland
Security: A Primer. .
Scope and Methodology
This report focuses on administrative and general provisions This report focuses on administrative and general provisions ~~proposed:~~included
• • byin the Administration in the FY2024 budget request; the Administration in the FY2024 budget request;
• • byin the House Appropriations Committee (HAC) the House Appropriations Committee (HAC) ~~in the committee~~-reported -reported
~~version of H.R. 4367; and~~
~~• by~~version of H.R. 4367, as well as approved by the House of Representatives during floor consideration; and • in the Senate Appropriations Committee (SAC) the Senate Appropriations Committee (SAC) ~~in the committee~~-reported -reported
version of S. 2625. version of S. 2625.
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Rather than listing all the administrative and general provisions in those three proposals, this Rather than listing all the administrative and general provisions in those three proposals, this
report uses the administrative and general provisions of the enacted DHS Appropriations Act, report uses the administrative and general provisions of the enacted DHS Appropriations Act,
2023,1 as a basis for comparison, and notes changes from that starting point. 2023,1 as a basis for comparison, and notes changes from that starting point.
For each title of the bill, a list of the components funded in the title and a tally of provisions For each title of the bill, a list of the components funded in the title and a tally of provisions
included in the DHS Appropriations Act, 2023 is provided. This is followed by sections analyzing included in the DHS Appropriations Act, 2023 is provided. This is followed by sections analyzing
the Administration, House Appropriations Committee, and Senate Appropriations Committee the Administration, House Appropriations Committee, and Senate Appropriations Committee
proposals for FY2024, with subsections describing proposals to not include prior-year provisions, proposals for FY2024, with subsections describing proposals to not include prior-year provisions,
substantive changes to provisions being carried forward from FY2023 (ones that would alter the substantive changes to provisions being carried forward from FY2023 (ones that would alter the
practical effects of the prior year’s provisions), and new provisions.practical effects of the prior year’s provisions), and new provisions.
It also notes provisions added during consideration of the bill on the House floor in September 2023. Given the amount of funding provided in the title and the number of administrative provisions, Given the amount of funding provided in the title and the number of administrative provisions,
the report starts with Title II, then moves to the other operational components in Title III, the the report starts with Title II, then moves to the other operational components in Title III, the
support components in Title IV, and the headquarters components in Title I. The final section in support components in Title IV, and the headquarters components in Title I. The final section in
the report deals with general provisions in Title V. the report deals with general provisions in Title V.
To avoid confusion between differing section numbers in various To avoid confusion between differing section numbers in various versions of acts and bills, sections of the acts and bills, sections of the
FY2023 act are referred to as “FY2023 Sections,” those of FY2023 act are referred to as “FY2023 Sections,” those of ~~HAC-reported~~ H.R. 4367 are referred H.R. 4367 are referred
to as “HAC Sectionsto as “HAC Sections” or “House Sections,” and those of S. 2625 are referred to as “SAC Sections.” ,” and those of S. 2625 are referred to as “SAC Sections.”
Appendices include a glossary of abbreviations and a brief discussion of the longer-term history Appendices include a glossary of abbreviations and a brief discussion of the longer-term history
of the general and administrative provisions in the DHS appropriations act. of the general and administrative provisions in the DHS appropriations act.
Security, Enforcement, and Investigations Administrative
Provisions (Title II)
Title II of the annual DHS appropriations measures typically covers appropriations for Title II of the annual DHS appropriations measures typically covers appropriations for
• U.S. Customs and Border Protection (CBP); • U.S. Customs and Border Protection (CBP);
• U.S. Immigration and Customs Enforcement (ICE); • U.S. Immigration and Customs Enforcement (ICE);
• the Transportation Security Administration (TSA); • the Transportation Security Administration (TSA);
• U.S. Coast Guard (USCG); and • U.S. Coast Guard (USCG); and
• U.S. Secret Service (USSS). • U.S. Secret Service (USSS).
There were 36 administrative provisions included at the end of Title II of the FY2023 act.2 There were 36 administrative provisions included at the end of Title II of the FY2023 act.2
Administration -Proposed Changes
The Administration proposed 34 administrative provisions for the FY2024 act: not including five The Administration proposed 34 administrative provisions for the FY2024 act: not including five
provisions enacted for FY2023, substantively changing two others, and including three that had provisions enacted for FY2023, substantively changing two others, and including three that had
not appeared in the FY2023 act. The other 29 provisions remained essentially unchanged in the not appeared in the FY2023 act. The other 29 provisions remained essentially unchanged in the
request.3 request.3

1 P.L. 107-328, Div. F. 1 P.L. 107-328, Div. F.
2 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory 2 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 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, Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol. , vol.
168, no. 198, Book II (December 20, 2022), pp. S8564-S8565. 168, no. 198, Book II (December 20, 2022), pp. S8564-S8565.
3 Office of Management and Budget, 3 Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2024: Appendix (Washington, DC: (Washington, DC:
~~U.S. Government Printing Office, 2023), https://www.govinfo.gov/content/pkg/BUDGET-2024-APP/pdf/BUDGET-~~
2024-APP.pdf (hereinafter, Appendix~~), pp. 518-520.~~(continued...)
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The five provisions not included in the request were The five provisions not included in the request were:
• • FY2023 Section 211: This one-time administrative provision provided for a This one-time administrative provision provided for a
transfer of up to $785 million from CBP’s Operations and Support appropriation transfer of up to $785 million from CBP’s Operations and Support appropriation
to FEMA’s Federal Assistance appropriation for a new Shelter and Services Grant to FEMA’s Federal Assistance appropriation for a new Shelter and Services Grant
program. Neither committee-reported bill included the provision. program. Neither committee-reported bill included the provision.
• • FY2023 Section 212: Included since FY2018 in annual appropriations,4 this Included since FY2018 in annual appropriations,4 this
administrative provision delimited the use of part of CBP’s Procurement, administrative provision delimited the use of part of CBP’s Procurement,
Construction and Improvements appropriation. Construction and Improvements appropriation.
• • ~~HAC-reported~~House-passed H.R. 4367 included the provision as Section 211, with H.R. 4367 included the provision as Section 211, with
substantive modifications described below. substantive modifications described below.
• SAC-reported S. 2625 included the provision as Section 211, without • SAC-reported S. 2625 included the provision as Section 211, without
substantive changes, aside from funding levels. substantive changes, aside from funding levels.
• • FY2023 Section 222: This one-time administrative provision extended by two This one-time administrative provision extended by two
years the authority for a pilot program for screening of passengers outside of an years the authority for a pilot program for screening of passengers outside of an
existing primary passenger terminal screening area. Neither committee-reported existing primary passenger terminal screening area. Neither committee-reported
bill included the provision. bill included the provision.
• • FY2023 Section 231: Included since FY2022,5 this administrative provision Included since FY2022,5 this administrative provision
restricted the USCG from charging a fee for inspecting certain towing vessels restricted the USCG from charging a fee for inspecting certain towing vessels
until the USCG determines whether the costs of towing vessel inspections done until the USCG determines whether the costs of towing vessel inspections done
by the USCG differ from those of third-party inspectors, and adjusts its fees to by the USCG differ from those of third-party inspectors, and adjusts its fees to
reflect its costs.6 reflect its costs.6
• • ~~HAC-reported~~House-passed H.R. 4367 included the provision as Section 236. H.R. 4367 included the provision as Section 236.
• SAC-reported S. 2625 included the provision as Section 228. • SAC-reported S. 2625 included the provision as Section 228.
• • FY2023 Section 236: This one-time administrative provision authorized the This one-time administrative provision authorized the
USSS to make a $23 million grant or cooperative agreement from its Operations USSS to make a $23 million grant or cooperative agreement from its Operations
and Support appropriation for existing National Computer Forensics Institute and Support appropriation for existing National Computer Forensics Institute
Facilities used for cybersecurity incident and threat investigation and training. Facilities used for cybersecurity incident and threat investigation and training.
Neither committee-reported bill included the provision. Neither committee-reported bill included the provision.
The Administration proposed two alterations, neither of which was included in either the The Administration proposed two alterations, neither of which was included in either the ~~HAC-~~
~~reported~~House-passed or SAC-reported bill: or SAC-reported bill:
• • FY2023 Section 210: Included since FY2020, this provision has restricted the Included since FY2020, this provision has restricted the
ability to reduce CBP’s “anticipated or planned” vetting operations at existing ability to reduce CBP’s “anticipated or planned” vetting operations at existing
locations unless specifically authorized by statute. The Administration has locations unless specifically authorized by statute. The Administration has
proposed dropping “anticipated or” from the provision, a request they first made proposed dropping “anticipated or” from the provision, a request they first made
in FY2023. in FY2023.
• • FY2023 Section 221: Included since FY2020, this provision required the Included since FY2020, this provision required the
Administrator of the TSA to submit to certain congressional committees a single 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 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 a certain amount of time. The Administration~~

U.S. Government Printing Office, 2023), https://www.govinfo.gov/content/pkg/BUDGET-2024-APP/pdf/BUDGET-2024-APP.pdf (hereinafter, Appendix), pp. 518-520. 4 P.L. 115-141, Div. F, Section 230. A variant of this provision was carried in P.L. 115-31, Div. F, Title VI, where 4 P.L. 115-141, Div. F, Section 230. A variant of this provision was carried in P.L. 115-31, Div. F, Title VI, where
direction was provided in a supplemental appropriation for CBP’s Procurement, Construction, and Improvements direction was provided in a supplemental appropriation for CBP’s Procurement, Construction, and Improvements
account (131 Stat. 433). account (131 Stat. 433).
5 P.L. 107-103, Div. F, Section 231. 5 P.L. 107-103, Div. F, Section 231.
6 P.L. 115-282. 6 P.L. 115-282.
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technology investment plan, and an Advanced Integrated Passenger Screening Technologies report within a certain amount of time. The Administration proposed dropping language that had been added to the description of the Capital proposed dropping language that had been added to the description of the Capital
Investment Plan in the FY2023 act that required it to be “both constrained and Investment Plan in the FY2023 act that required it to be “both constrained and
unconstrained.”7 unconstrained.”7
The Administration proposed three new administrative provisions in the budget request for The Administration proposed three new administrative provisions in the budget request for
FY2024. All three had been proposed by the Administration for FY2023 and were not enacted at FY2024. All three had been proposed by the Administration for FY2023 and were not enacted at
that time: that time:
• authorization for CBP to use unobligated balances of its Procurement, • authorization for CBP to use unobligated balances of its Procurement,
Construction, and Improvement appropriations from FY2020-FY2021 for other Construction, and Improvement appropriations from FY2020-FY2021 for other
specified border management purposes; specified border management purposes;
• removal of previously enacted restrictions on the types of border barrier that • removal of previously enacted restrictions on the types of border barrier that
could be constructed that had been carried in the FY2020 DHS appropriations could be constructed that had been carried in the FY2020 DHS appropriations
act; and act; and
• authorization for DHS to transfer up to $225 million in unobligated CBP • authorization for DHS to transfer up to $225 million in unobligated CBP
Procurement Construction, and Improvement appropriations from prior years to Procurement Construction, and Improvement appropriations from prior years to
the Department of the Interior (including any agency or bureau within the the Department of the Interior (including any agency or bureau within the
Department of the Interior) or the Forest Service “for the execution of Department of the Interior) or the Forest Service “for the execution of
environmental and other mitigation projects or activities ... related to the environmental and other mitigation projects or activities ... related to the
construction of border barriers on the southwest border.” construction of border barriers on the southwest border.”
Neither Neither the House-passed nor Senate committee-reported bill included these proposed new provisions. committee-reported bill included these proposed new provisions.
House Appropriations Committee -Proposed Changes
and Floor Action HAC-reported H.R. 4367 included 44 administrative provisions in Title II: dropping HAC-reported H.R. 4367 included 44 administrative provisions in Title II: dropping ~~five~~
5 provisions, substantively changing provisions, substantively changing ~~two~~2, and including 13 that had not appeared in FY2023. The , and including 13 that had not appeared in FY2023. The
other 29 remained essentially unchanged in the HAC-reported bill. other 29 remained essentially unchanged in the HAC-reported bill.
Aside from a technical fix to HAC Section 244, floor action on the bill did not substantively modify these provisions. Provisions Not Included
As noted above, HAC-reported H.R. 4367 did not include FY2023 Sections 211, 222, and 236. It As noted above, HAC-reported H.R. 4367 did not include FY2023 Sections 211, 222, and 236. It
also did not include two other provisions: also did not include two other provisions:
• • FY2023 Section 219: Included in some form since FY2009,8 this provision Included in some form since FY2009,8 this provision
required that all awards by TSA for explosives detection systems deployment be required that all awards by TSA for explosives detection systems deployment be
based on certain standards; and based on certain standards; and
• • FY2023 Section 226: Included in some form since FY2010,9 this provision Included in some form since FY2010,9 this provision
allowed a certain amount of USCG Operations and Support appropriations used allowed a certain amount of USCG Operations and Support appropriations used
for enduring overseas anti-terrorism missions to be moved between programs for enduring overseas anti-terrorism missions to be moved between programs
~~projects, and activities within the overarching appropriation without regard to the~~
~~reprogramming10 restrictions in the bill’s general provisions.~~

7 TSA Administrator David P. Pekoske, in testimony before the House Appropriations Committee, described an 7 TSA Administrator David P. Pekoske, in testimony before the House Appropriations Committee, described an
unconstrained capital investment plan as one “that describes an ideal future state in which TSA is able to buy down unconstrained capital investment plan as one “that describes an ideal future state in which TSA is able to buy down
more risk to the transportation sector with additional resources.” The text of his full testimony is available at more risk to the transportation sector with additional resources.” The text of his full testimony is available at
https://www.tsa.gov/news/press/testimony/2023/03/29/fiscal-year-2024-presidents-budget-request-transportation-https://www.tsa.gov/news/press/testimony/2023/03/29/fiscal-year-2024-presidents-budget-request-transportation-
security. security.
8 Prior to FY2017, this requirement was included in the language of TSA’s Aviation Security appropriation. 8 Prior to FY2017, this requirement was included in the language of TSA’s Aviation Security appropriation.
9 Prior to FY2018, this flexibility was included in the language of USCG’s Operating Expenses appropriation. 9 Prior to FY2018, this flexibility was included in the language of USCG’s Operating Expenses appropriation.
~~10 Reprogramming is the action of shifting budget authority from one program, project, or activity to another.~~
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projects, and activities within the overarching appropriation without regard to the reprogramming10 restrictions in the bill’s general provisions. Substantive Changes
HAC-reported H.R. 4367 included two Title II administrative provisions with substantive changes HAC-reported H.R. 4367 included two Title II administrative provisions with substantive changes
from their FY2023 enacted versions: from their FY2023 enacted versions:
• • FY2023 Section 212: Included in annual DHS appropriations measures since Included in annual DHS appropriations measures since
FY2018, this administrative provision has delimited the use of CBP’s annual FY2018, this administrative provision has delimited the use of CBP’s annual
Procurement, Construction, and Improvements (PC&I) appropriation. HAC-Procurement, Construction, and Improvements (PC&I) appropriation. HAC-
reported H.R. 4367 included the provision as Section 211, directing $2.1 billion reported H.R. 4367 included the provision as Section 211, directing $2.1 billion
of the $3.0 billion appropriation to the deployment of physical border barriers, of the $3.0 billion appropriation to the deployment of physical border barriers,
the first time new budget authority would be directed to border barriers since the the first time new budget authority would be directed to border barriers since the
DHS Appropriations Act, 2021. DHS Appropriations Act, 2021.
Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions
Program, Project, or
FY2023
FY2024
~~HAC-Reported~~House-passed
SAC-Reported
Activity
Enacted
Request
H.R. 4367
S. 2625
Acquisition and deployment of Acquisition and deployment of
$0 $0
$0 $0
$2,104,000,000 $2,104,000,000
$0 $0
physical barriers physical barriers
Acquisition and deployment of Acquisition and deployment of
230,277,000 230,277,000
229,568,000 229,568,000
276,000,000 276,000,000
263,300,000 263,300,000
border technologies border technologies
Trade and travel assets and Trade and travel assets and
126,047,000 126,047,000
305,400,000 305,400,000
305,400,000 305,400,000
644,296,000 644,296,000
infrastructure infrastructure
Facility construction and Facility construction and
99,900,000 99,900,000
83,768,000 83,768,000
119,768,000 119,768,000
69,654,000 69,654,000
improvements improvements
Integrated operations assets and Integrated operations assets and
92,661,000 92,661,000
82,732,000 82,732,000
123,232, 123,232,~~000~~000a
134,100,000 134,100,000
infrastructure infrastructure
Mission support and Mission support and
32,673,000 32,673,000
17,673,000 17,673,000
37,253,000 37,253,000
41,179,000 41,179,000
infrastructure infrastructure
Total
$581,558,000
$719,141,000
$2,965,653,000
$1,152,529,000
~~Source~~Sources: CRS analysis of P.L. 117-328, Section 212; CRS analysis of P.L. 117-328, Section 212; U.S. Customs and Border Protection FY2024 Congressional
Justification; ~~HAC-reported~~House-passed H.R. 4367, Section 211; and SAC-reported S. 2625, Section 211. H.R. 4367, Section 211; and SAC-reported S. 2625, Section 211.
a. An amendment by Rep. Houlahan to this amount to raise the issue of reforms of programs to counter Unmanned Aircraft Systems was included in an en bloc amendment that passed by voice vote, but it did not change the overall amount for this activity. In addition, the administrative provision in HAC-reported H.R. 4367 would place strict limits on In addition, the administrative provision in HAC-reported H.R. 4367 would place strict limits on
barrier parameters and locations for barrier construction, and would require the Secretary to begin barrier parameters and locations for barrier construction, and would require the Secretary to begin
obligation of border barrier construction funding no later than 120 days after the date of obligation of border barrier construction funding no later than 120 days after the date of
enactment. enactment.
• • FY2023 Section 217: Included since FY2021, this administrative provision Included since FY2021, this administrative provision
carried forward two prior-year administrative provisions from the FY2020 DHS carried forward two prior-year administrative provisions from the FY2020 DHS
appropriations act by reference: Section 216, which barred the use of information appropriations act by reference: Section 216, which barred the use of information
shared by the Department of Health and Human Services to detain or take steps shared by the Department of Health and Human Services to detain or take steps
in the removal process against a sponsor of an unaccompanied minor, potential in the removal process against a sponsor of an unaccompanied minor, potential
10 Reprogramming is the action of shifting budget authority from one program, project, or activity to another. Congressional Research Service 5 Department of Homeland Security Appropriations: FY2024 Provisions sponsor of that minor, or member of that household (with some exceptions based sponsor of that minor, or member of that household (with some exceptions based
on risks of exploitation); and Section 217, which that required reporting on on risks of exploitation); and Section 217, which that required reporting on
“287(g) agreements,” under which local law enforcement works with ICE on “287(g) agreements,” under which local law enforcement works with ICE on
enforcement of immigration laws. HAC-reported H.R. 4367 did not carry enforcement of immigration laws. HAC-reported H.R. 4367 did not carry
forward FY2020 Section 216. forward FY2020 Section 216.
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Proposals for New Provisions
HAC-reported H.R. 4367 included 13 Title II administrative provisions that were not included in HAC-reported H.R. 4367 included 13 Title II administrative provisions that were not included in
the previous two enacted DHS appropriations acts. One, added in an en bloc amendment at full the previous two enacted DHS appropriations acts. One, added in an en bloc amendment at full
committee markup, would provide the following direction to the department: committee markup, would provide the following direction to the department:
• • HAC Section 224: This new administrative provision would direct the Secretary This new administrative provision would direct the Secretary
of DHS to allocate ICE Operations and Support appropriations to maintain the of DHS to allocate ICE Operations and Support appropriations to maintain the
maximum average daily population of detainees throughout the fiscal year, and to maximum average daily population of detainees throughout the fiscal year, and to
ensure “every alien on the non-detained docket is enrolled into the Alternatives to ensure “every alien on the non-detained docket is enrolled into the Alternatives to
Detention Program with mandatory GPS monitoring throughout the duration of Detention Program with mandatory GPS monitoring throughout the duration of
all applicable immigration proceedings.” all applicable immigration proceedings.”
Eleven of these provisions would impose restrictions on the use of funds made available by the Eleven of these provisions would impose restrictions on the use of funds made available by the
bill, restrictingbill, restricting:
• Removal of existing border barriers unless they are being repaired or replaced • Removal of existing border barriers unless they are being repaired or replaced
(HAC Section 212); (HAC Section 212);
• The use of CBP’s mobile application to facilitate the parole of any alien into the • The use of CBP’s mobile application to facilitate the parole of any alien into the
United States (HAC Section 213); United States (HAC Section 213);
• Reducing the participation in the 287(g) program (described above) or • Reducing the participation in the 287(g) program (described above) or
diminishing the delegation of law enforcement authority involved, except if the diminishing the delegation of law enforcement authority involved, except if the
DHS Office of the Inspector General (OIG) finds the terms of the agreement have DHS Office of the Inspector General (OIG) finds the terms of the agreement have
been violated (HAC Section 214); been violated (HAC Section 214);
• Implementation of policies described in two memoranda on enforcement of civil • Implementation of policies described in two memoranda on enforcement of civil
immigration law (HAC Section 220); immigration law (HAC Section 220);
• Transportation of aliens unlawfully present into the U.S. interior for purposes • Transportation of aliens unlawfully present into the U.S. interior for purposes
other than the enforcement of immigration laws, except for unaccompanied alien other than the enforcement of immigration laws, except for unaccompanied alien
children (HAC Section 221); children (HAC Section 221);
• Use of ICE funding to “pay for or facilitate an abortion,” with some exceptions, • Use of ICE funding to “pay for or facilitate an abortion,” with some exceptions,
or to require a person to “perform or facilitate in any way the performance of, or to require a person to “perform or facilitate in any way the performance of,
any abortion” (HAC Section 222); any abortion” (HAC Section 222);
• Administration of hormone therapy medication or performance or facilitation of • Administration of hormone therapy medication or performance or facilitation of
any surgery for any person in ICE custody “for the purpose of gender-affirming any surgery for any person in ICE custody “for the purpose of gender-affirming
care” (HAC Section 223); care” (HAC Section 223);
• Implementation of structural pay reform from the status quo as of October 1, • Implementation of structural pay reform from the status quo as of October 1,
2022 for any TSA employee that is not a Transportation Security Officer (HAC 2022 for any TSA employee that is not a Transportation Security Officer (HAC
Section 228); Section 228);
• Implementation of a CBP policy directive on vehicular pursuits (HAC Section • Implementation of a CBP policy directive on vehicular pursuits (HAC Section
241, added in an en bloc amendment at full committee markup); 241, added in an en bloc amendment at full committee markup);
• Admission of an alien on the basis of a certificate of eligibility for nonimmigrant • Admission of an alien on the basis of a certificate of eligibility for nonimmigrant
student status issued by an institution of higher education accredited by a student status issued by an institution of higher education accredited by a
Congressional Research Service 6 link to page 8 Department of Homeland Security Appropriations: FY2024 Provisions nationally recognized accrediting agency or association (HAC Section 242, nationally recognized accrediting agency or association (HAC Section 242,
added in an en bloc amendment at full committee markup); and added in an en bloc amendment at full committee markup); and
• Parole of nationals of the People’s Republic of China into the Commonwealth of • Parole of nationals of the People’s Republic of China into the Commonwealth of
the Northern Mariana Islands for temporary visits without a visa (HAC Section the Northern Mariana Islands for temporary visits without a visa (HAC Section
243, added in an en bloc amendment at full committee markup). 243, added in an en bloc amendment at full committee markup).
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HAC-reported H.R. 4367 also included an additional new administrative provision that is drafted HAC-reported H.R. 4367 also included an additional new administrative provision that is drafted
to address all unobligated funds available for a particular procurement, regardless of what bill to address all unobligated funds available for a particular procurement, regardless of what bill
provided it. Section 244, added in full committee markup in an en bloc amendment, is intended to provided it. Section 244, added in full committee markup in an en bloc amendment, is intended to
ensure that the procurement of the Waterways Commerce Cutter is conducted as a small business ensure that the procurement of the Waterways Commerce Cutter is conducted as a small business
set-aside.11 set-aside.11
As noted above, no action was taken on the House floor to substantively modify these provisions. Senate Appropriations Committee -Proposed Changes
SAC-reported S. 2625 included 32 administrative provisions in Title II: dropping SAC-reported S. 2625 included 32 administrative provisions in Title II: dropping ~~six~~6 provisions, provisions,
substantively changing substantively changing ~~one~~1, and including , and including ~~two~~2 that had not appeared in FY2023. The other 29 that had not appeared in FY2023. The other 29
remained essentially unchanged in the SAC-reported bill. remained essentially unchanged in the SAC-reported bill.
Provisions Not Included
As noted above, SAC-reported S. 2625 did not include FY2023 Sections 211, 222, and 236. Like As noted above, SAC-reported S. 2625 did not include FY2023 Sections 211, 222, and 236. Like
HAC-reported H.R. 4367, it did not include FY2023 Section 219 or 226. It also did not include HAC-reported H.R. 4367, it did not include FY2023 Section 219 or 226. It also did not include
one other Title II administrative provision: one other Title II administrative provision:
• • FY2023 Section 215: Included in some form since FY2014,12 this provision Included in some form since FY2014,12 this provision
allows U.S. Immigration and Customs Enforcement to reprogram funding within allows U.S. Immigration and Customs Enforcement to reprogram funding within
its Operations and Support appropriation “as necessary to ensure the detention of its Operations and Support appropriation “as necessary to ensure the detention of
aliens prioritized for removal.” aliens prioritized for removal.”
Substantive Changes
The one substantive change in the S. 2625 Title II administrative provisions are the funding levels The one substantive change in the S. 2625 Title II administrative provisions are the funding levels
in Sec. 211, compared to those in Sec. 212 in the FY2023 act. Details are shown inin Sec. 211, compared to those in Sec. 212 in the FY2023 act. Details are shown in Table 1.
Proposals for New Provisions
SAC-reported S. 2625 included two Title II administrative provisions that had not been included SAC-reported S. 2625 included two Title II administrative provisions that had not been included
in the previous two enacted DHS appropriations acts. One proposed new provision would provide in the previous two enacted DHS appropriations acts. One proposed new provision would provide
direction to the department: direction to the department:
• • SAC Section 217: This provision would require ICE to provide monthly budget This provision would require ICE to provide monthly budget
and staffing reports to the committee—direction that had been made by report and staffing reports to the committee—direction that had been made by report
language in prior years. It also would reduce funding for ICE’s Executive language in prior years. It also would reduce funding for ICE’s Executive
Leadership and Oversight activity for every day ICE is out of compliance. Leadership and Oversight activity for every day ICE is out of compliance.
One proposed new provision would impose a restriction on the use of funding provided in the One proposed new provision would impose a restriction on the use of funding provided in the
bill: bill:
~~• SAC Section 216: This provision would block funding for certain senior~~
~~performance awards until ICE realigns their Chief Financial Officer into an office~~
~~that reports directly to the Director or Deputy Director, and is made the~~
~~equivalent of an Executive Associate Director.~~

11 The description of the section’s intent is based on the subcommittee chairman’s description of the amendment during 11 The description of the section’s intent is based on the subcommittee chairman’s description of the amendment during
the markup. the markup.
12 Prior to FY2017, this requirement was included in the language of ICE’s “Salaries and Expenses” appropriation. 12 Prior to FY2017, this requirement was included in the language of ICE’s “Salaries and Expenses” appropriation.
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• SAC Section 216: This provision would block funding for certain senior performance awards until ICE realigns their Chief Financial Officer into an office that reports directly to the Director or Deputy Director, and is made the equivalent of an Executive Associate Director. Protection, Preparedness, Response, and Recovery Administrative
Provisions (Title III)
Title III of annual DHS appropriations measures currently covers appropriations for Title III of annual DHS appropriations measures currently covers appropriations for
• the Cybersecurity and Infrastructure Security Agency (CISA); and • the Cybersecurity and Infrastructure Security Agency (CISA); and
• Federal Emergency Management Agency (FEMA). • Federal Emergency Management Agency (FEMA).
There were 11 administrative provisions included at the end of Title III of the DHS There were 11 administrative provisions included at the end of Title III of the DHS
Appropriations Act, 2023.13 Appropriations Act, 2023.13
Administration -Proposed Changes
The Administration proposed 13 Title III administrative provisions for the FY2024 act: not The Administration proposed 13 Title III administrative provisions for the FY2024 act: not
including one provision enacted for FY2023, substantively changing six others, and including including one provision enacted for FY2023, substantively changing six others, and including
three that had not appeared in the FY2023 act. The other four provisions remained essentially three that had not appeared in the FY2023 act. The other four provisions remained essentially
unchanged in the request.14 unchanged in the request.14
The one FY2023 provision not included in the request was FY2023 Section 302, a new statutory The one FY2023 provision not included in the request was FY2023 Section 302, a new statutory
provision15 that required the Director of CISA to provide quarterly budget and staffing briefings provision15 that required the Director of CISA to provide quarterly budget and staffing briefings
to the appropriations committees. to the appropriations committees.
The Administration proposed five alterations: The Administration proposed five alterations:
• • FY2023 Section 301: Included since FY2022, this provision allowed CISA Included since FY2022, this provision allowed CISA
Operations and Support appropriations to be used to provide cybersecurity threat Operations and Support appropriations to be used to provide cybersecurity threat
feeds to a broader range of CISA’s various partners, fusion centers, and feeds to a broader range of CISA’s various partners, fusion centers, and
Information and Analysis Organizations. The Administration proposed reducing Information and Analysis Organizations. The Administration proposed reducing
the scope of allowable uses of funds from “procuring or providing access to the scope of allowable uses of funds from “procuring or providing access to
cybersecurity threat feeds” to simply “providing access” to such feeds. cybersecurity threat feeds” to simply “providing access” to such feeds. ~~HAC-~~
~~reported~~House-passed H.R. 4367 did not include the entire provision. SAC-reported S. 2625 H.R. 4367 did not include the entire provision. SAC-reported S. 2625
did not include the modification, but included the base provision as Section 301. did not include the modification, but included the base provision as Section 301.
• • FY2023 Sections 303, 304, and 305: The Administration modified these The Administration modified these ~~two~~
administrative provisions to reflect its preferred structuring of the grant administrative provisions to reflect its preferred structuring of the grant
programs, presenting the Nonprofit Security Grant Program as a carveout within programs, presenting the Nonprofit Security Grant Program as a carveout within
the State Homeland Security Grant Program and Urban Area Security Initiative, the State Homeland Security Grant Program and Urban Area Security Initiative,
rather than as a separate program. The Administration thus proposed dropping rather than as a separate program. The Administration thus proposed dropping
language in the first section that specified that the restriction also applied to statelanguage in the first section that specified that the restriction also applied to state
~~recipients for the administration of Nonprofit Security Grants, and renumbered~~
~~paragraph references in the other two. Neither committee-reported bill included~~
~~these modifications.~~
~~• FY2023 Section 306: Included since FY2017, this administrative provision~~
~~required FEMA to brief the appropriations committees on the award of certain~~

13 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory 13 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 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, Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol. , vol.
168, no. 198, Book II (December 20, 2022), pp. S8564-S8565. 168, no. 198, Book II (December 20, 2022), pp. S8564-S8565.
14 14 Appendix, pp. 533-534. , pp. 533-534.
15 The requirement had originally been laid out in the explanatory statement accompanying the FY2022 DHS 15 The requirement had originally been laid out in the explanatory statement accompanying the FY2022 DHS
Appropriations Act. The administrative provision put the requirement in law, and curtailed certain CISA funding unless Appropriations Act. The administrative provision put the requirement in law, and curtailed certain CISA funding unless
the briefings were provided within a certain time frame. the briefings were provided within a certain time frame.
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recipients for the administration of Nonprofit Security Grants, and renumbered paragraph references in the other two. Neither the House-passed nor Senate committee-reported bill included these modifications. • FY2023 Section 306: Included since FY2017, 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 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 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 FEMA Operations and Support appropriation should FEMA announce such grant
awards without meeting that requirement. In addition to paragraph renumbering awards without meeting that requirement. In addition to paragraph renumbering
similar to Sections 304 and 305 above, the Administration proposed not including similar to Sections 304 and 305 above, the Administration proposed not including
the reduction in the FY2024 act. Neither the reduction in the FY2024 act. Neither the House-passed nor Senate committee-reported bill included this committee-reported bill included this
modification. modification.
The Administration proposed three new administrative provisions in the budget request for The Administration proposed three new administrative provisions in the budget request for
FY2024: FY2024:
• a provision authorizing CISA to use certain funds for a cybersecurity • a provision authorizing CISA to use certain funds for a cybersecurity
competition;16 competition;16
• a provision allowing any prior-year unobligated balances in the Pre-disaster • a provision allowing any prior-year unobligated balances in the Pre-disaster
Mitigation Fund to be merged with funding for the Building Resilient Mitigation Fund to be merged with funding for the Building Resilient
Infrastructure and Communities (BRIC) grant program;17 and Infrastructure and Communities (BRIC) grant program;17 and
• a provision allowing prior-year separate appropriations for the FEMA “Flood • a provision allowing prior-year separate appropriations for the FEMA “Flood
Hazard Mapping and Risk Analysis” account to be transferred to and merged Hazard Mapping and Risk Analysis” account to be transferred to and merged
with the FEMA Federal Assistance appropriation to carry out the purposes of the with the FEMA Federal Assistance appropriation to carry out the purposes of the
program. program.
Neither Neither the House-passed nor Senate committee-reported bill included the first of these proposed new provisions. While committee-reported bill included the first of these proposed new provisions. While ~~HAC-~~
~~reported~~House-passed H.R. 4367 did not include the second two either, S. 2625 included them as Sections 312 H.R. 4367 did not include the second two either, S. 2625 included them as Sections 312
and 313, respectively. and 313, respectively.
House Appropriations Committee -Proposed Changes
and Floor Action HAC-reported H.R. 4367 included nine Title III administrative provisions: not including two HAC-reported H.R. 4367 included nine Title III administrative provisions: not including two
provisions that had appeared in the FY2023 act, and substantively changing one. The other eight provisions that had appeared in the FY2023 act, and substantively changing one. The other eight
remained essentially unchanged.remained essentially unchanged.
Floor action on the bill did not substantively modify these provisions. Provisions Not Included
HAC-reported H.R. 4367 did not carry forward two provisions: FY2023 Section 301, noted HAC-reported H.R. 4367 did not carry forward two provisions: FY2023 Section 301, noted
above, andabove, and:
• • FY2023 Section 304: This administrative provision was a fix to ensure that with This administrative provision was a fix to ensure that with
congressional restructuring of the Nonprofit Security Grant Program, its congressional restructuring of the Nonprofit Security Grant Program, its
resources would not be included in the calculation of minimum allocations for resources would not be included in the calculation of minimum allocations for
the State Homeland Security Grant Program. the State Homeland Security Grant Program.
16 A similar provision was included in the FY2022 act (P.L. 117-328, Div. F, Section 301). 17 This had been proposed in the FY2023 budget request as well. Congressional Research Service 9 Department of Homeland Security Appropriations: FY2024 Provisions Substantive Changes
HAC-reported H.R. 4367 proposed one substantive change to a Title III administrative provision HAC-reported H.R. 4367 proposed one substantive change to a Title III administrative provision
carried forward from FY2023. carried forward from FY2023.
• • FY2023 Section 302: In FY2023, this new administrative provision required the In FY2023, this new administrative provision required the
Director of CISA to provide quarterly budget and staffing briefings that had been Director of CISA to provide quarterly budget and staffing briefings that had been
originally laid out in the explanatory statement accompanying the FY2022 DHS originally laid out in the explanatory statement accompanying the FY2022 DHS
Appropriations Act, making them a statutory requirement, and curtailing certain Appropriations Act, making them a statutory requirement, and curtailing certain

~~16 A similar provision was included in the FY2022 act (P.L. 117-328, Div. F, Section 301).~~
~~17 This had been proposed in the FY2023 budget request as well.~~
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CISA funding unless the briefings are provided within a certain time frame. CISA funding unless the briefings are provided within a certain time frame.
HAC-reported H.R. 4367 specified the reduction should come from CISA’s HAC-reported H.R. 4367 specified the reduction should come from CISA’s
“Mission Support” activity within its Operations and Support appropriation, “Mission Support” activity within its Operations and Support appropriation,
rather than “Management and Business Activities,” which is no longer part of the rather than “Management and Business Activities,” which is no longer part of the
account structure in the FY2024 CISA budget. account structure in the FY2024 CISA budget.
As noted above, no action was taken on the House floor to substantively modify these provisions. Senate Appropriations Committee -Proposed Changes
SAC-reported S. 2625 included 13 Title III administrative provisions: retaining all the provisions SAC-reported S. 2625 included 13 Title III administrative provisions: retaining all the provisions
that had appeared in the FY2023 act, substantively changing one, and including two provisions that had appeared in the FY2023 act, substantively changing one, and including two provisions
that had been requested by the Administration. that had been requested by the Administration.
Substantive Changes
• SAC-reported S. 2625 proposed one substantive change to a Title III • SAC-reported S. 2625 proposed one substantive change to a Title III
administrative provision carried forward from FY2023—the same technical administrative provision carried forward from FY2023—the same technical
change proposed in HAC-reported H.R. 4367. change proposed in HAC-reported H.R. 4367.
Proposals for New Provisions
• As noted above, SAC-reported S. 2625 included two new administrative • As noted above, SAC-reported S. 2625 included two new administrative
provisions proposed by the Administration as Sections 312 and 313. provisions proposed by the Administration as Sections 312 and 313.
Research, Development, Training, and Services Administrative
Provisions (Title IV)
Title IV of annual DHS appropriations measures currently covers appropriations for Title IV of annual DHS appropriations measures currently covers appropriations for
• U.S. Citizenship and Immigration Services; • U.S. Citizenship and Immigration Services;
• Federal Law Enforcement Training Centers (FLETC); • Federal Law Enforcement Training Centers (FLETC);
• the Science and Technology Directorate (S&T); and • the Science and Technology Directorate (S&T); and
• the Countering Weapons of Mass Destruction Office. • the Countering Weapons of Mass Destruction Office.
There were seven administrative provisions included at the end of Title IV of the DHS There were seven administrative provisions included at the end of Title IV of the DHS
Appropriations Act, 2023.18 Appropriations Act, 2023.18
~~Administration Proposed Changes~~
~~The Administration proposed eight Title IV administrative provisions, only requesting a~~
~~single additional provision: an administrative provision repealing the termination date for~~
~~the DHS Countering Weapons of Mass Destruction Office.19 Neither committee-reported~~
~~bill included this provision.~~
~~The other seven administrative provisions remained essentially unchanged in the request.~~

18 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory 18 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 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, Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol. , vol.
168, no. 198, Book II (December 20, 2022), pp. S8564-S8565. 168, no. 198, Book II (December 20, 2022), pp. S8564-S8565.
~~19 Under current law as of the date of publication, the Office is set to terminate on December 21, 2023, per 6 U.S.C.~~
~~§591(e).~~
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~~House Appropriations Committee Proposed Changes~~
Congressional Research Service 10 Department of Homeland Security Appropriations: FY2024 Provisions Administration-Proposed Changes The Administration proposed eight Title IV administrative provisions, only requesting a single additional provision: an administrative provision repealing the termination date for the DHS Countering Weapons of Mass Destruction Office.19 Neither committee-reported bill included this provision. The other seven administrative provisions remained essentially unchanged in the request. House Appropriations Committee-Proposed Changes and Floor Action HAC-reported H.R. 4367 included 12 Title IV administrative provision, adding five that had not HAC-reported H.R. 4367 included 12 Title IV administrative provision, adding five that had not
been included in the FY2023 act. The other seven administrative provisions remained essentially been included in the FY2023 act. The other seven administrative provisions remained essentially
unchanged.unchanged.
Two of the new provisions were modified during the course of the consideration of the bill on the House floor. Proposals for New Provisions
HAC-reported H.R. 4367 included five Title IV administrative provisions that had not been HAC-reported H.R. 4367 included five Title IV administrative provisions that had not been
included in the previous two enacted DHS appropriations acts. included in the previous two enacted DHS appropriations acts.
Two of these would impose restrictions on the use of funds made available by the bill, restricting Two of these would impose restrictions on the use of funds made available by the bill, restricting:
• Implementation of a rule outlining procedures for credible fear screening and • Implementation of a rule outlining procedures for credible fear screening and
consideration of other claims by asylum officers (HAC-reported Section 404); consideration of other claims by asylum officers (HAC-reported Section 404);
and and
• Issuance of employment authorization to aliens whose applications for asylum • Issuance of employment authorization to aliens whose applications for asylum
have been denied, or who were convicted of a federal or state crime while their have been denied, or who were convicted of a federal or state crime while their
application was pending (HAC-reported Section 405). application was pending (HAC-reported Section 405).
Three others provide other direction: Three others provide other direction:
• • HAC Section 406: This new administrative provision20 would This new administrative provision20 would ~~allow workers~~
have allowed workers who have received an H-2B visa in the previous three years to be counted as who have received an H-2B visa in the previous three years to be counted as
returning workers, and therefore not count against the FY2024 limit on H-2B returning workers, and therefore not count against the FY2024 limit on H-2B
visas. visas.
• • HAC Section 407: This new administrative provision would This new administrative provision would ~~allow~~have allowed
nonimmigrants to be admitted under the H-2A temporary or seasonal agricultural nonimmigrants to be admitted under the H-2A temporary or seasonal agricultural
visa program in FY2024 regardless of whether the agricultural work is temporary visa program in FY2024 regardless of whether the agricultural work is temporary
or seasonal. or seasonal.
• • HAC Section 408: This new administrative provision21 would allow the Director This new administrative provision21 would allow the Director
of USCIS to use up to $5,000 from the Immigration Examinations Fee Account of USCIS to use up to $5,000 from the Immigration Examinations Fee Account
for official reception and representation expenses in FY2024. for official reception and representation expenses in FY2024.
~~Senate Appropriations Committee Proposed Changes~~
~~SAC-reported S. 2625 included the same seven Title IV administrative provision as were included~~
~~in the DHS Appropriations Act, 2023, with no changes.~~
~~Departmental Management, Intelligence, Situational Awareness~~
~~and Oversight Administrative Provisions (Title I)~~
~~Title I of annual DHS appropriations measures currently covers appropriations for~~
~~• the Office of the Secretary and Executive Management;~~
~~• the Management Directorate;~~

19 Under current law as of the date of publication, the Office is set to terminate on December 21, 2023, per 6 U.S.C. §591(e). 20 A general provision with a similar effect was carried in the Consolidated Appropriations Act, 2016 (P.L. 114-113, 20 A general provision with a similar effect was carried in the Consolidated Appropriations Act, 2016 (P.L. 114-113,
Div. F, Section 565). Div. F, Section 565).
21 A similar provision had been included in the Administration’s FY2022 budget request, and in the Senate 21 A similar provision had been included in the Administration’s FY2022 budget request, and in the Senate
Appropriations Committee majority draft for FY2022 as Section 409. Appropriations Committee majority draft for FY2022 as Section 409.
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Under the provisions of H.Res. 730—a second rule providing for further consideration of the bill—a self-executing amendment struck HAC Sections 406 and 407 and replaced them with a new House Section 406. The new section mirrored a provision to allow additional H-2B admissions, which had been included in SAC-reported S. 2625 as Section 543. Senate Appropriations Committee-Proposed Changes SAC-reported S. 2625 included the same seven Title IV administrative provision as were included in the DHS Appropriations Act, 2023, with no changes. Departmental Management, Intelligence, Situational Awareness and Oversight Administrative Provisions (Title I) Title I of annual DHS appropriations measures currently covers appropriations for • the Office of the Secretary and Executive Management; • the Management Directorate; • Intelligence, Analysis, and Situational Awareness; and • Intelligence, Analysis, and Situational Awareness; and
• the Office of Inspector General. • the Office of Inspector General.
There were eight administrative provisions included at the end of Title I of the FY2023 act.22 There were eight administrative provisions included at the end of Title I of the FY2023 act.22
Administration -Proposed Changes
The Administration proposed six administrative provisions: not including three provisions, The Administration proposed six administrative provisions: not including three provisions,
substantively changing none, and including one that had not appeared in FY2023. The other five substantively changing none, and including one that had not appeared in FY2023. The other five
remained essentially unchanged in the request. remained essentially unchanged in the request.
The Administration proposed not including three provisions: The Administration proposed not including three provisions:
• • FY2023 Section 106: Carried since FY2022, this administrative provision Carried since FY2022, this administrative provision
required the Under Secretary for Management to provide quarterly a briefing to required the Under Secretary for Management to provide quarterly a briefing to
the appropriations committees on DHS’s major acquisition programs,23 as well as the appropriations committees on DHS’s major acquisition programs,23 as well as
copies of each acquisition memorandum as they are approved. The requirement copies of each acquisition memorandum as they are approved. The requirement
would have covered all acquisition programs costing more than $300 million would have covered all acquisition programs costing more than $300 million
over their lifecycle on the DHS Master Acquisition Oversight List.24 All such over their lifecycle on the DHS Master Acquisition Oversight List.24 All such
programs from the point that a program manager had begun to review approaches programs from the point that a program manager had begun to review approaches
to meeting a capability need to full operational capability were to be included, to meeting a capability need to full operational capability were to be included,
including those programs removed from the list in the preceding quarter. In including those programs removed from the list in the preceding quarter. In
FY2023, additional parameters were added for the cost estimates. Both FY2023, additional parameters were added for the cost estimates. Both
committee-reported bills included the provision without substantive changes as committee-reported bills included the provision without substantive changes as
Section 105. Section 105.
~~• FY2023 Section 107: Carried since FY2022, this 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. To trigger the reporting, the program would~~
~~need to use more than 10 full-time equivalents (FTE) or $5 million, with some~~
~~exceptions provided for IT contract work and programs specifically directed by~~
~~Congress. Both committee-reported bills included the provision without~~
~~substantive changes as Section 106.~~
~~• FY2023 Section 108: This provision allowed $14 million to be transferred from~~
~~the supplemental appropriation provided for the Disaster Relief Fund to the DHS~~
~~Office of Inspector General for oversight of that appropriation. Neither~~
~~committee reported bill included the provision.~~
~~The Administration proposed a new general provision to establish a “Department of Homeland~~
~~Security Southwest Border Contingency Operations Fund,” which could provide up to $4.7~~

22 Descriptions of these provisions can be found in the FY2023 consolidated appropriations measure’s explanatory 22 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 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, Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Senate, Congressional Record, vol. , vol.
168, no. 198, Book II (December 20, 2022), pp. S8564-S8565. 168, no. 198, Book II (December 20, 2022), pp. S8564-S8565.
23 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special 23 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 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, 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.” finances, property, or other resources.”
24 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management. 24 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.
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• FY2023 Section 107: Carried since FY2022, this 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. To trigger the reporting, the program would need to use more than 10 full-time equivalents (FTE) or $5 million, with some exceptions provided for IT contract work and programs specifically directed by Congress. Both committee-reported bills included the provision without substantive changes as Section 106. • FY2023 Section 108: This provision allowed $14 million to be transferred from the supplemental appropriation provided for the Disaster Relief Fund to the DHS Office of Inspector General for oversight of that appropriation. Neither committee reported bill included the provision. The Administration proposed a new general provision to establish a “Department of Homeland Security Southwest Border Contingency Operations Fund,” which could provide up to $4.7 billion in emergency-designated appropriations, contingent on the cumulative number of migrant billion in emergency-designated appropriations, contingent on the cumulative number of migrant
encounters at the border each quarter.25 Neither committee reported bill included the provision. encounters at the border each quarter.25 Neither committee reported bill included the provision.
House and Senate Appropriations Committee -Proposed Changes
and Floor Action Both committee-reported bills included six administrative provisions in Title I: dropping two Both committee-reported bills included six administrative provisions in Title I: dropping two
provisions that had appeared in FY2023, and substantively changing none.provisions that had appeared in FY2023, and substantively changing none.
No substantive changes were made to those provisions on the House floor. Provisions Not Included
As noted above, neither bill included FY2023 Section 108, as had been proposed by the As noted above, neither bill included FY2023 Section 108, as had been proposed by the
Administration. They also did not include FY2023 Section 103, which required DHS to link any Administration. They also did not include FY2023 Section 103, which required DHS to link any
and all award fees in their contracts to specific successful acquisition outcomes. and all award fees in their contracts to specific successful acquisition outcomes.
General Provisions (Title V)
As noted earlier, Title V of the annual DHS appropriations act has historically contained general As noted earlier, Title V of the annual DHS appropriations act has historically contained general
provisions, the impact of which may reach across the government, apply to the entire department, 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 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 make additional appropriations and others that make rescissions—cancellations of previously
provided budget authority.26 provided budget authority.26
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 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 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. includes these broadest general provisions, which address a range of issues.
25 For more details on this proposal, see CRS Report R47496, DHS Budget Request Analysis: FY2024, p. 2 on the type of appropriation, and pp. 9-10 on the triggers. 26 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 13 Department of Homeland Security Appropriations: FY2024 Provisions There were 49 general provisions included in Title V of the DHS Appropriations Act, 2023. There were 49 general provisions included in Title V of the DHS Appropriations Act, 2023.
Administration -Proposed Changes
The Administration proposed 37 general provisions for the DHS Appropriations Act, 2024: it The Administration proposed 37 general provisions for the DHS Appropriations Act, 2024: it
proposed not including 13 provisions, substantively changing one, and including one that had not proposed not including 13 provisions, substantively changing one, and including one that had not
appeared in FY2023. The other 36 remained essentially unchanged. appeared in FY2023. The other 36 remained essentially unchanged.
The Administration’s FY2024 request did not carry forward the following provisions that had The Administration’s FY2024 request did not carry forward the following provisions that had
been included in the FY2023 act: been included in the FY2023 act:
• • FY2023 Section 530: This general provision included grant funding for FEMA This general provision included grant funding for FEMA
to reimburse extraordinary law enforcement or other emergency personnel costs to reimburse extraordinary law enforcement or other emergency personnel costs
directly related to any residence of the President that is secured by the U.S. directly related to any residence of the President that is secured by the U.S.
Secret Service. Similar general provisions have been included in the DHS annual Secret Service. Similar general provisions have been included in the DHS annual
appropriations acts beginning in FY2017.27 The HAC-reported bill included this appropriations acts beginning in FY2017.27 The HAC-reported bill included this
as Section 528; the SAC-reported bill did not include it. as Section 528; the SAC-reported bill did not include it.

~~25 For more details on this proposal, see CRS Report R47496, DHS Budget Request Analysis: FY2024, p. 2 on the type~~
~~of appropriation, and pp. 9-10 on the triggers.~~
~~26 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.~~
~~27 P.L. 115-31, Div. F, Section 544.~~
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~~Department of Homeland Security Appropriations: FY2024 Provisions~~

• • FY2023 Section 534: This general provision required the DHS Under Secretary This general provision required the DHS Under Secretary
for Management to submit an unfunded requirements list to the appropriations for Management to submit an unfunded requirements list to the appropriations
committees for any activities funded as a part of the defense budget function. A committees for any activities funded as a part of the defense budget function. A
similar general provision has appeared in DHS annual appropriations acts similar general provision has appeared in DHS annual appropriations acts
beginning in FY2021.28 Both committee-reported bills retained this provision. beginning in FY2021.28 Both committee-reported bills retained this provision.
• • FY2023 Section 535: This general provision required reporting to certain This general provision required reporting to certain
congressional committees and leadership on providing, extending, or terminating congressional committees and leadership on providing, extending, or terminating
protection under any authority for former or retired federal officials or protection under any authority for former or retired federal officials or
employees. A similar general provision has appeared in DHS annual employees. A similar general provision has appeared in DHS annual
appropriations acts beginning in FY2021.29 Both committee-reported bills appropriations acts beginning in FY2021.29 Both committee-reported bills
retained this provision. retained this provision.
• • FY2023 Section 537: This general provision required the Administration to This general provision required the Administration to
identify discretionary offsets when legislatively unauthorized fee increase identify discretionary offsets when legislatively unauthorized fee increase
proposals are made in the budget request to support current activities, despite the proposals are made in the budget request to support current activities, despite the
prospective nature of those additional revenue sources. A similar general prospective nature of those additional revenue sources. A similar general
provision has appeared in DHS annual appropriations acts beginning in provision has appeared in DHS annual appropriations acts beginning in
FY2017.30 Both committee-reported bills retained this provision. FY2017.30 Both committee-reported bills retained this provision.
• • FY2023 Section 540: This one-time general provision made technical This one-time general provision made technical
corrections to Section 205 of the Stafford Act, which allows the FEMA corrections to Section 205 of the Stafford Act, which allows the FEMA
Administrator to make capitalization grants to states or tribal entities to establish Administrator to make capitalization grants to states or tribal entities to establish
hazard mitigation revolving loan funds. Neither committee-reported bill included hazard mitigation revolving loan funds. Neither committee-reported bill included
this provision. this provision.
• • FY2023 Sections 541 and 542: These two one-time general provisions made : These two one-time general provisions made
technical corrections to a Community Funding Project and a Congressionally technical corrections to a Community Funding Project and a Congressionally
Direct Spending grant, respectively, both of which had been funded in FY2022. Direct Spending grant, respectively, both of which had been funded in FY2022.
Neither committee-reported bill included these provisions. Neither committee-reported bill included these provisions.
27 P.L. 115-31, Div. F, Section 544. 28 P.L. 116-260, Div. F, Section 537. 29 P.L. 116-260, Div. F, Section 542. 30 P.L. 115-31, Div. F, Section 532. Congressional Research Service 14 link to page 19 Department of Homeland Security Appropriations: FY2024 Provisions • • FY2023 Section 543: This general provision extended flexibility provided in the This general provision extended flexibility provided in the
CARES Act31 for DHS employees, detailees, or contractors who are licensed to CARES Act31 for DHS employees, detailees, or contractors who are licensed to
perform health care services as part of their duties and can carry out their duties perform health care services as part of their duties and can carry out their duties
in any U.S. jurisdiction they are assigned to, unless they are affirmatively in any U.S. jurisdiction they are assigned to, unless they are affirmatively
excluded from doing so in any U.S. jurisdiction. A similar general provision has excluded from doing so in any U.S. jurisdiction. A similar general provision has
appeared in DHS annual appropriations acts beginning in FY2022. Neither appeared in DHS annual appropriations acts beginning in FY2022. Neither
committee-reported bill included this provision. committee-reported bill included this provision.
• • FY2023 Section 544: This general provision prohibited the use of funds for the This general provision prohibited the use of funds for the
transfer or release of certain individuals detained at U.S. Naval Station transfer or release of certain individuals detained at U.S. Naval Station
Guantanamo Bay, Cuba into or within the United States. A similar general Guantanamo Bay, Cuba into or within the United States. A similar general
provision has appeared in DHS annual appropriations acts beginning in provision has appeared in DHS annual appropriations acts beginning in
FY2012.32 The House and Senate committee-reported bills included this FY2012.32 The House and Senate committee-reported bills included this
provision as Section 538 and Section 537, respectively. provision as Section 538 and Section 537, respectively.
• • FY2023 Section 545: This general provision, new in FY2023, required the This general provision, new in FY2023, required the
Secretary to develop and share bimonthly estimates on noncitizens anticipated to Secretary to develop and share bimonthly estimates on noncitizens anticipated to

~~28 P.L. 116-260, Div. F, Section 537.~~
~~29 P.L. 116-260, Div. F, Section 542.~~
~~30 P.L. 115-31, Div. F, Section 532.~~
~~31 P.L. 116-136, Div. B, Title VI, Section 16005.~~
~~32 P.L. 112-74, Div. D, Section 541. The provision was also carried in the Full Year Continuing Appropriations Act,~~
~~2010 (P.L. 112-10, Div. B) as Section 1112.~~
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~~link to page 18~~ ~~Department of Homeland Security Appropriations: FY2024 Provisions~~

arrive at the U.S.-Mexico border, and use those estimates to inform policymaking arrive at the U.S.-Mexico border, and use those estimates to inform policymaking
and budget processes. The House and Senate committee-reported bills included and budget processes. The House and Senate committee-reported bills included
this provision as Section 539 and Section 538, respectively. this provision as Section 539 and Section 538, respectively.
• • FY2023 Section 546: This general provision provided emergency-designated This general provision provided emergency-designated
funding for CBP and ICE to address the situation at the U.S.-Mexico Border.33 funding for CBP and ICE to address the situation at the U.S.-Mexico Border.33
Neither committee-reported bill included this provision. Neither committee-reported bill included this provision.
• • FY2023 Section 547: This general provision, new in FY2023, extended through This general provision, new in FY2023, extended through
the end of FY2023 the authority for the Secretary and the Attorney General to 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 HAC-take steps to mitigate threats posed by unmanned aerial vehicles. The HAC-
reported bill did not include this provision, while the SAC-reported bill included reported bill did not include this provision, while the SAC-reported bill included
the provision as Section 539. the provision as Section 539.
• • FY2023 Section 549: In FY2023, Section 549 rescinded $46 million in expired In FY2023, Section 549 rescinded $46 million in expired
FY2022 Operations and Support appropriations from 12 different accounts.34 FY2022 Operations and Support appropriations from 12 different accounts.34
Neither committee-reported bill included this provision. Neither committee-reported bill included this provision.
The Administration proposed one alteration: In FY2023, Section 548 rescinded $348 million from The Administration proposed one alteration: In FY2023, Section 548 rescinded $348 million from
nine active and legacy accounts at DHS. In the FY2024 request, the administration proposed nine active and legacy accounts at DHS. In the FY2024 request, the administration proposed
canceling $56 million in appropriations from 18 different accounts. The House and Senate canceling $56 million in appropriations from 18 different accounts. The House and Senate
committee-reported bills included this provision with their own modifications as Section 553 and committee-reported bills included this provision with their own modifications as Section 553 and
Section 545, respectively. Section 545, respectively.
Table 2 includes a comparison of the rescission proposals made by the Administration in March includes a comparison of the rescission proposals made by the Administration in March
2023, 2023, ~~the House Appropriations Committee in June 2023, and~~ passed by the House in September 2023, and made by the Senate Appropriations Committee in July 2023. 31 P.L. 116-136, Div. B, Title VI, Section 16005. 32 P.L. 112-74, Div. D, Section 541. The provision was also carried in the Full Year Continuing Appropriations Act, 2010 (P.L. 112-10, Div. B) as Section 1112. 33 A related general provision, which also included funding for FEMA, was first included in the FY2022 act: P.L. 117-103, Div. F, Section 543. 34 The budget was developed without knowledge of what the expired unobligated balances of FY2023 funding in Operations and Support accounts would be. Congressional Research Service 15 link to page 26 Department of Homeland Security Appropriations: FY2024 Provisions ~~the Senate Appropriations~~
~~Committee in July 2023.~~
Table 2. FY2024 DHS Rescission Proposals
(Thousands of dollars of discretionary budget authority) (Thousands of dollars of discretionary budget authority)
~~HAC-Reported~~House-passed
SAC-Reported
Designation
Request
H.R. 4367
S. 2625
OSEM O&S OSEM O&S
800 800
800 800
— —
Management Directorate Management Directorate
4,100 4,100
4,100 4,100
— —
CBP PC&I CBP PC&I
1,473 1,473
1,473 1,473
1,473 1,473
CBP BSFIT CBP BSFIT
1,842 1,842
1,842 1,842
1,842 1,842
CBP Air and Marine Interdiction CBP Air and Marine Interdiction
452 452
452 452
452 452
CBP PC&I CBP PC&I ~~FY20~~FY2020
— —
1,159,000 1,159,000
— —
CBP PC&I CBP PC&I ~~FY21~~FY2021
— —
945,000 945,000
— —
ICE O&S (expiring in ICE O&S (expiring in ~~FY24~~FY2024) )
3,000 3,000
3,000 3,000
1,000 1,000
ICE O&S (not expiring) ICE O&S (not expiring)
2,093 2,093
2,093 2,093
2,093 2,093
ICE Automation Modernization ICE Automation Modernization
10 10
10 10
10 10
TSA O&S TSA O&S
— —
154,515 154,515
— —
TSA O&S (not expiring) TSA O&S (not expiring)
— —
— —
63,591 63,591

~~33 A related general provision, which also included funding for FEMA, was first included in the FY2022 act: P.L. 117-~~
~~103, Div. F, Section 543.~~
~~34 The budget was developed without knowledge of what the expired unobligated balances of FY2023 funding in~~
~~Operations and Support accounts would be.~~
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~~link to page 24~~ ~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~HAC-Reported~~
~~SAC-Reported~~
~~Designation~~
~~Request~~
~~H.R. 4367~~
~~S. 2625~~
USCG AC&I USCG AC&I
22,600 22,600
22,600 22,600
22,600 22,600
USSS O&S USSS O&S
2,400 2,400
— —
2,400 2,400
USSS PC&I USSS PC&I
4,000 4,000
— —
4,000 4,000
CISA PC&I CISA PC&I
3,500 3,500
3,500 3,500
3,500 3,500
CISA R&D CISA R&D
2,000 2,000
2,000 2,000
— —
FEMA PDM Fund FEMA PDM Fund
5,821 5,821
5,821 5,821
— —
FLETC PC&I FLETC PC&I
800 800
800 800
800 800
S&T O&S S&T O&S
900 900
900 900
900 900
CWMD R&D (expiring in CWMD R&D (expiring in ~~FY24)~~
389 389
389 389
389 389
FY2024) CWMD (not expiring) CWMD (not expiring)
11 11
11 11
11 11
DHS CRSO (Inflation Reduction DHS CRSO (Inflation Reduction
— —
312,000 312,000
— —
Act) (H.R. 4367, Sec. 554) Act) (H.R. 4367, Sec. 554)
DHS Nonrecurring Expenses DHS Nonrecurring Expenses
— —
3,800 3,800
— —
Fund (H.R. 4367, Sec. 555) Fund (H.R. 4367, Sec. 555)
Total Rescissions
56,191
2,622,106
105,061
Source: CRS analysis of H.Rept. 118-123 and S.Rept. 118-72. CRS analysis of H.Rept. 118-123 and S.Rept. 118-72.
~~Notes~~Note: Abbreviations available inAbbreviations available in Appendix A. No substantive modifications were made to the rescissions on the House floor.
The Administration proposed one new general provision: The Administration sought the ability to The Administration proposed one new general provision: The Administration sought the ability to
transfer up to 5% of any appropriation into the “Information Technology Modernization Fund” transfer up to 5% of any appropriation into the “Information Technology Modernization Fund”
for DHS that was authorized under the National Defense Authorization Act for Fiscal Year for DHS that was authorized under the National Defense Authorization Act for Fiscal Year
Congressional Research Service 16 Department of Homeland Security Appropriations: FY2024 Provisions 2018.35 The Biden Administration first proposed this provision in its FY2022 budget request. 2018.35 The Biden Administration first proposed this provision in its FY2022 budget request.
Neither committee-reported bill included this provision. Neither committee-reported bill included this provision.
House Appropriations Committee Proposals
HAC-reported H.R. 4367 included 56 general provisions: not carrying forward nine, substantively HAC-reported H.R. 4367 included 56 general provisions: not carrying forward nine, substantively
changing one (the rescissions provision, noted above), and including 16 that had not appeared in changing one (the rescissions provision, noted above), and including 16 that had not appeared in
FY2023. The other 39 remained essentially unchanged. As noted above, HAC-reported H.R. 4367 FY2023. The other 39 remained essentially unchanged. As noted above, HAC-reported H.R. 4367
did not include the Administration’s proposed new general provision. did not include the Administration’s proposed new general provision.
Provisions Not Included
HAC-reported H.R. 4367 did not carry forward nine general provisions that had been included in HAC-reported H.R. 4367 did not carry forward nine general provisions that had been included in
the FY2023 act. Two of these had been included in the Administration’s request for FY2024: the FY2023 act. Two of these had been included in the Administration’s request for FY2024:
• • FY2023 Section 510: In FY2023, this section was an explicit inclusion of a In FY2023, this section was an explicit inclusion of a
restriction on the use of funds to pay the salary of a person acting as a contracting 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 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 a prior said role. In prior years, this had been included by reference to a prior
appropriations act.36 appropriations act.36

~~35 P.L. 115-91, Div. A, Title X, Section 1077(b)(1).~~
~~36 P.L. 110-161, Div. E, Section 520.~~
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~~Department of Homeland Security Appropriations: FY2024 Provisions~~

• • FY2023 Section 521: This general provision, carried in the DHS annual This general provision, carried in the DHS annual
appropriations act since FY2010,37 barred DHS from entering into a contract if it appropriations act since FY2010,37 barred DHS from entering into a contract if it
did not meet the requirements of the Federal Property and Administrative did not meet the requirements of the Federal Property and Administrative
Services Act of 1949, 10 U.S.C. Chapter 137, and the Federal Acquisition Services Act of 1949, 10 U.S.C. Chapter 137, and the Federal Acquisition
Regulation, unless it is authorized in statute. Regulation, unless it is authorized in statute.
The other seven general provisions were also not included in the Administration’s request for The other seven general provisions were also not included in the Administration’s request for
FY2024, as described above: Sections 540, 541, 542, 543, 546, 547, and 549.FY2024, as described above: Sections 540, 541, 542, 543, 546, 547, and 549.
Proposals for New Provisions
HAC-reported H.R. 4367 included 16 new general provisions that had not been included in the HAC-reported H.R. 4367 included 16 new general provisions that had not been included in the
FY2022 or FY2023 DHS appropriations acts. Four would provide direction to the department or FY2022 or FY2023 DHS appropriations acts. Four would provide direction to the department or
meet House procedural requirements: meet House procedural requirements:
• • HAC Section 548: This new general provision, added in the managers’ This new general provision, added in the managers’
amendment in full committee markup, would modify the authorization for the amendment in full committee markup, would modify the authorization for the
DHS Nonrecurring Expenses Fund, which had been established in the FY2022 DHS Nonrecurring Expenses Fund, which had been established in the FY2022
act to help fund DHS information technology and facilities improvements.38 It act to help fund DHS information technology and facilities improvements.38 It
would require (rather than allow) expired budget authority to be transferred to the would require (rather than allow) expired budget authority to be transferred to the
Fund, require the passage of the full-year appropriation measure for DHS before Fund, require the passage of the full-year appropriation measure for DHS before
resources in the fund could be used in a given year, and require advance resources in the fund could be used in a given year, and require advance
notification to the appropriations committees for the use of fund resources. notification to the appropriations committees for the use of fund resources.
• • HAC Section 554: This new general provision would rescind $312 million from This new general provision would rescind $312 million from
funding provided to the DHS Chief Readiness Support officer in P.L. 117-169. funding provided to the DHS Chief Readiness Support officer in P.L. 117-169.
35 P.L. 115-91, Div. A, Title X, Section 1077(b)(1). 36 P.L. 110-161, Div. E, Section 520. 37 P.L. 111-83, Section 570. 38 P.L. 107-103, Div. F, Section 538. Congressional Research Service 17 Department of Homeland Security Appropriations: FY2024 Provisions • • HAC Section 555: This new general provision, added in the managers’ This new general provision, added in the managers’
amendment in full committee markup, would rescind $3.8 million from the DHS amendment in full committee markup, would rescind $3.8 million from the DHS
Nonrecurring Expenses Fund described above. Nonrecurring Expenses Fund described above.
• • HAC Section 556: This new general provision, under the heading of “Spending This new general provision, under the heading of “Spending
Reduction Account,” states that the bill’s 302(b) allocation under the Reduction Account,” states that the bill’s 302(b) allocation under the
Congressional Budget Act of 1974 does not exceed the amount of proposed new Congressional Budget Act of 1974 does not exceed the amount of proposed new
budget authority in the bill.39 budget authority in the bill.39
Eleven of these would impose restrictions on the use of any of the funds made available by the Eleven of these would impose restrictions on the use of any of the funds made available by the
bill, in order to prevent DHS from taking certain actions: bill, in order to prevent DHS from taking certain actions:
• Establishing a Disinformation Governance Board at DHS, or “any other entities • Establishing a Disinformation Governance Board at DHS, or “any other entities
carrying out similar activities” related to misinformation, or supporting the carrying out similar activities” related to misinformation, or supporting the
activities of “any entity responsible, directly or indirectly… for instructing, activities of “any entity responsible, directly or indirectly… for instructing,
influencing, directing, or recommending that private companies censor, prohibit, influencing, directing, or recommending that private companies censor, prohibit,
or obstruct lawful and constitutionally protected speech of United States persons or obstruct lawful and constitutionally protected speech of United States persons
on social media platforms” (HAC Section 540, added in an en bloc amendment in on social media platforms” (HAC Section 540, added in an en bloc amendment in
full committee markup); full committee markup);
• Requiring COVID-19 vaccinations for DHS employees (HAC Section 541); • Requiring COVID-19 vaccinations for DHS employees (HAC Section 541);

~~37 P.L. 111-83, Section 570.~~
~~38 P.L. 107-103, Div. F, Section 538.~~
~~39 In the FY2024 appropriations cycle, each House Appropriations Committee-reported bill included a “Spending~~
~~Reduction Account,” pursuant to H.Res. 5, Section 3(f), designed to enable certain reductions in budget authority~~
~~incurred from en bloc amendments adopted during floor consideration.~~
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~~Department of Homeland Security Appropriations: FY2024 Provisions~~

• Administering, implementing or enforcing COVID-19 pandemic travel rules that • Administering, implementing or enforcing COVID-19 pandemic travel rules that
require noncitizen nonimmigrant arrivals to show proof of vaccination to enter require noncitizen nonimmigrant arrivals to show proof of vaccination to enter
the United States.40 (HAC Section 542); the United States.40 (HAC Section 542);
• Classifying any communication by a U.S. person as “mis-, dis-, or mal- • Classifying any communication by a U.S. person as “mis-, dis-, or mal-
information” or partnering with organizations that in any way recommend that information” or partnering with organizations that in any way recommend that
private companies in any way censor, prohibit, or obstruct lawful and private companies in any way censor, prohibit, or obstruct lawful and
constitutionally protected speech of a U.S. person on social media platforms constitutionally protected speech of a U.S. person on social media platforms
(HAC Section 543, added in an en bloc amendment in full committee markup); (HAC Section 543, added in an en bloc amendment in full committee markup);
• The provision furthermore would direct the removal from federal service any • The provision furthermore would direct the removal from federal service any
officer or employee funded by this act who carries out such actions. officer or employee funded by this act who carries out such actions.
• Administering, implementing • Administering, implementing, or enforcing a new rule limiting access to the or enforcing a new rule limiting access to the
asylum process for certain migrants (HAC Section 544); asylum process for certain migrants (HAC Section 544);
• Implementing, administering, enforcing, or carrying out the DHS Equity Action • Implementing, administering, enforcing, or carrying out the DHS Equity Action
Plan, two executive orders related to advancing racial equity and support for Plan, two executive orders related to advancing racial equity and support for
underserved communities, one Executive order related to diversity, equity, underserved communities, one Executive order related to diversity, equity,
inclusion, and accessibility in the federal workforce, or “any program, project or inclusion, and accessibility in the federal workforce, or “any program, project or
activity that promotes or advances Critical Race Theory or any concept activity that promotes or advances Critical Race Theory or any concept
associated with Critical Race Theory” (HAC Section 545); associated with Critical Race Theory” (HAC Section 545);
• Purchase unmanned aircraft systems manufactured in China or any country • Purchase unmanned aircraft systems manufactured in China or any country
identified as a foreign adversary or made by an entity domiciled in such a place identified as a foreign adversary or made by an entity domiciled in such a place
(HAC Section 547); (HAC Section 547);
39 In the FY2024 appropriations cycle, each House Appropriations Committee-reported bill included a “Spending Reduction Account,” pursuant to H.Res. 5, Section 3(f), designed to enable certain reductions in budget authority incurred from en bloc amendments adopted during floor consideration. 40 “Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic” (87 Federal Register 20405 et seq.) and “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (87 Federal Register 24041), “or any successor rules.” Congressional Research Service 18 Department of Homeland Security Appropriations: FY2024 Provisions • Inspecting a contracted ICE detention facility more than once within a six-month • Inspecting a contracted ICE detention facility more than once within a six-month
period (HAC Section 549); period (HAC Section 549);
• Inspecting a contracted ICE detention facility for any reason other than • Inspecting a contracted ICE detention facility for any reason other than
compliance with the National Detention Standards of 2019 (HAC Section 550, compliance with the National Detention Standards of 2019 (HAC Section 550,
added in an en bloc amendment in full committee markup); added in an en bloc amendment in full committee markup);
• Admitting Chilean nationals until DHS gets access to screen Chilean nationals • Admitting Chilean nationals until DHS gets access to screen Chilean nationals
against appropriate Chilean criminal databases (HAC Section 551, added in an en against appropriate Chilean criminal databases (HAC Section 551, added in an en
bloc amendment in full committee markup); and bloc amendment in full committee markup); and
• Taking a discriminatory action against a person on the basis of their beliefs • Taking a discriminatory action against a person on the basis of their beliefs
regarding the definition of marriage as being between one man and one woman regarding the definition of marriage as being between one man and one woman
(HAC Section 552, added in an en bloc amendment in full committee markup). (HAC Section 552, added in an en bloc amendment in full committee markup).
In a narrower, two-part action, the new HAC Section 54641 would specifically restrict the use of In a narrower, two-part action, the new HAC Section 54641 would specifically restrict the use of
the Operations and Support appropriation for the Office of the Secretary and Executive the Operations and Support appropriation for the Office of the Secretary and Executive
Management to hire outside counsel (1) before all the border barrier funding in the bill has been Management to hire outside counsel (1) before all the border barrier funding in the bill has been
obligated, and (2) “to prepare for or defend against impeachment.” obligated, and (2) “to prepare for or defend against impeachment.”
~~Senate Appropriations Committee Proposed Changes~~
~~SAC-reported S. 2625 included 45 general provisions: not carrying forward nine, substantively~~
~~changing two (one of which was the rescission provision noted above), and including five that~~

~~40 “Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel~~
~~During the COVID-19 Pandemic” (87 Federal Register 20405 et seq.) and “Notification of Temporary Travel~~
~~Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (87~~ ~~Federal~~
~~Register~~ ~~24041), “or any successor rules.”~~
~~41 Added in an en bloc amendment in full committee markup.~~
~~Congressional Research Service~~

18House Floor Action On September 27 and 28, the House considered a variety of amendments to H.R. 4367. Ultimately, those amendments added 22 additional general provisions to the bill: Three of these would reduce the salary of specific DHS leadership personnel to $1: • Secretary of Homeland Security Alejandro Mayorkas (House Section 564); • Director of U.S. Citizenship and Immigration Services Ur Jaddou (House Section 561); and • Chief of Staff of the DHS Jonathan Davidson (House Section 569). Nineteen of these would impose restrictions on the use of any of the funds made available by the bill, in order to prevent DHS from taking certain actions. These include: • Paying DHS Secretary Mayorkas a salary of more than $1 (House Section 557); • Paying the salary of the Secretary of DHS at all (House Section 558); • Paying for international travel of the Secretary of DHS (House Section 565); • Terminating “the Department of Homeland Security’s Migration Protection Protocols” (House Section 574); • Restricting the flow of information to or from the successors of the Immigration and Naturalization Services to or from any federal, state, or local government entity or official regarding the citizenship or immigration status of any individual (House Section 577); and • Assisting the Department of Defense in housing persons at domestic military installations, except in the case of a major disaster declaration, or for U.S. Coast Guard personnel (House Section 578). 41 Added in an en bloc amendment in full committee markup. Congressional Research Service 19 Department of Homeland Security Appropriations: FY2024 Provisions New general provisions would bar the implementation of the following rules or orders: • “Public Charge Ground of Inadmissibility,” 87 Federal Register 55472 (House Section 558); • “Funding the Asylum Program with Employer Petition Fees” section of “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 88 Federal Register 402 (House Section 568); • E.O. 13990, “Protecting the Public Health and Environment and Restoring Science to Tackle the Climate Crisis” (House Section 576(1)); • E.O. 14008, “Tackling the Climate Crisis at Home and Abroad” (House Section 576(2)); • E.O. 14013, “Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration,” Section 6 (House Section 576(3)); • E.O. 14019, “Promoting Access to Voting,” except for sections 7, 8, and 10 (House Section 570); • E.O. 14030, “Climate-Related Financial Risk” (House Section 576(4)); • E.O. 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability” (House Section 576(5)); • E.O. 14082, “Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022” (House Section 576(6)); • E.O. 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (House Section 576(7)); • A memorandum entitled “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual” (House Section 573); or • A memorandum entitled “Guidelines for Enforcement Actions in or Near Protected Areas” (House Section 575). DHS would be barred from Implementing the following potential rules or policies: • a COVID-19 vaccine and mask mandate for travelers passing through TSA checkpoints (House Section 560); • a face mask mandate for any employee of DHS (House Section 562); or • a “Remain-in-Texas” policy (House Section 572). DHS would be unable to fund activities related to: • The Uniting for Ukraine Program (House Section 563); • The Climate Literacy Strategy (House Section 566); • The Environmental Justice Strategy (House Section 567); or • The Homeland Intelligence Experts Group (House Section 571). Senate Appropriations Committee-Proposed Changes SAC-reported S. 2625 included 45 general provisions: not carrying forward nine, substantively changing two (one of which was the rescission provision noted above), and including five that Congressional Research Service 20

Department of Homeland Security Appropriations: FY2024 Provisions

had not appeared in FY2023. The other 38 remained essentially unchanged under the SAC- had not appeared in FY2023. The other 38 remained essentially unchanged under the SAC-
reported bill. As noted above, the SAC-reported bill did not include the Administration’s reported bill. As noted above, the SAC-reported bill did not include the Administration’s
proposed new general provision. proposed new general provision.
Provisions Not Included
SAC-reported S. 2625 did not carry forward nine general provisions that had been included in the SAC-reported S. 2625 did not carry forward nine general provisions that had been included in the
FY2023 act. Two of these had been included in the Administration’s request for FY2024: as in the FY2023 act. Two of these had been included in the Administration’s request for FY2024: as in the
House-reported bill, FY2023 Sections 510 and 521 were not carried forward. Six other general House-reported bill, FY2023 Sections 510 and 521 were not carried forward. Six other general
provisions not included in the Administration’s request for FY2024 were also not included in the provisions not included in the Administration’s request for FY2024 were also not included in the
Senate committee-reported bill, as described above: Sections 530, 540, 541, 542, 543, 546, and Senate committee-reported bill, as described above: Sections 530, 540, 541, 542, 543, 546, and
549. 549.
Substantive Changes
SAC-reported S. 2625 would make substantive changes to one provision that had been included SAC-reported S. 2625 would make substantive changes to one provision that had been included
in the FY2023 act, aside from the rescissions provision: in the FY2023 act, aside from the rescissions provision:
• • FY2023 Section 545 / S. 2625 Section 538: This general provision, which first This general provision, which first
appeared in the FY2023 act, required the Secretary to develop and share appeared in the FY2023 act, required the Secretary to develop and share
bimonthly estimates on noncitizens anticipated to arrive at the U.S.-Mexico bimonthly estimates on noncitizens anticipated to arrive at the U.S.-Mexico
border, and use those estimates to inform policymaking and budget processes. border, and use those estimates to inform policymaking and budget processes.
The SAC-reported bill specifies that the estimates be used for budget materials The SAC-reported bill specifies that the estimates be used for budget materials
submitted to Congress not only for annual appropriations (as originally required), submitted to Congress not only for annual appropriations (as originally required),
but also for supplemental appropriations requests and reprogramming and but also for supplemental appropriations requests and reprogramming and
transfer notifications. transfer notifications.
Proposals for New Provisions
SAC-reported S. 2625 included five new general provisions that had not been included in SAC-reported S. 2625 included five new general provisions that had not been included in
FY2022 or FY2023 DHS appropriations acts: FY2022 or FY2023 DHS appropriations acts:
• • SAC Section 540: This general provision would require the President to This general provision would require the President to
designate all emergency-designated funding in the bill as emergency designate all emergency-designated funding in the bill as emergency
requirements in order for the funding to be available for obligation. Similar requirements in order for the funding to be available for obligation. Similar
provisions have appeared in emergency supplemental appropriations measures, provisions have appeared in emergency supplemental appropriations measures,
such as the Emergency Security Supplemental Appropriations Act, 2021.42 such as the Emergency Security Supplemental Appropriations Act, 2021.42
• • SAC Section 541: This general provision would extend the authority for DHS to This general provision would extend the authority for DHS to
conduct pilot programs for employment eligibility confirmation (such as E- conduct pilot programs for employment eligibility confirmation (such as E-
Verify) through FY2024. Similar extensions have been provided in previous Verify) through FY2024. Similar extensions have been provided in previous
consolidated measures, including Division O of the Consolidated Appropriations consolidated measures, including Division O of the Consolidated Appropriations
Act, 2023.43 Act, 2023.43
• • SAC Section 542: This general provision would extend the availability of special This general provision would extend the availability of special
immigrant status for certain non-ministerial religious workers. Similar extensions immigrant status for certain non-ministerial religious workers. Similar extensions
have been provided in previous consolidated measures, including Division O of have been provided in previous consolidated measures, including Division O of
the Consolidated Appropriations Act, 2023.44 the Consolidated Appropriations Act, 2023.44

42 P.L. 117-31, Section 606. 42 P.L. 117-31, Section 606.
43 P.L. 117-328, Div. O, Section 301. 43 P.L. 117-328, Div. O, Section 301.
44 P.L. 117-328, Div. O, Section 302. 44 P.L. 117-328, Div. O, Section 302.
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• • SAC Section 543: This general provision would provide authority for an increase This general provision would provide authority for an increase
in the number of H-2B visas available under certain conditions. Similar in the number of H-2B visas available under certain conditions. Similar
extensions have been provided in previous consolidated measures, including extensions have been provided in previous consolidated measures, including
Division O of the Consolidated Appropriations Act, 2023.45 Division O of the Consolidated Appropriations Act, 2023.45
• • SAC Section 544: This general provision would extend through FY2024 the This general provision would extend through FY2024 the
authority for the “Conrad 30” program—which allows foreign medical graduates authority for the “Conrad 30” program—which allows foreign medical graduates
to stay in the United States if they work in parts of the country with a shortage of to stay in the United States if they work in parts of the country with a shortage of
medical professionals for at least three years. Similar extensions have been medical professionals for at least three years. Similar extensions have been
provided in previous consolidated measures, including Division O of the provided in previous consolidated measures, including Division O of the
Consolidated Appropriations Act, 2023.46 Consolidated Appropriations Act, 2023.46

45 P.L. 117-328, Div. O, Section 303. 45 P.L. 117-328, Div. O, Section 303.
46 P.L. 117-328, Div. O, Section 304. 46 P.L. 117-328, Div. O, Section 304.
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Appendix A. Glossary of Abbreviations
BRIC
Building Resilient Infrastructure and Communities Building Resilient Infrastructure and Communities
CBP
U.S. Customs and Border Protection U.S. Customs and Border Protection
CISA
Cybersecurity and Infrastructure Security Agency Cybersecurity and Infrastructure Security Agency
CRS
Congressional Research Service Congressional Research Service
DHS
U.S. Department of Homeland Security U.S. Department of Homeland Security
DRF
Disaster Relief Fund Disaster Relief Fund
FEMA
Federal Emergency Management Agency Federal Emergency Management Agency
FLETC
Federal Law Enforcement Training Centers Federal Law Enforcement Training Centers
HAC
House Appropriations Committee House Appropriations Committee
ICE
U.S. Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement
OIG
Office of Inspector General Office of Inspector General
OMB
Office of Management and Budget Office of Management and Budget
OSEM
Office of the Secretary and Executive Management Office of the Secretary and Executive Management
O&S
Operations and Support Operations and Support
PC&I
Procurement, Construction, and Improvements Procurement, Construction, and Improvements
R&D
Research and Development Research and Development
S&T
Science and Technology Directorate Science and Technology Directorate
SAC
Senate Appropriations Committee Senate Appropriations Committee
TSA
Transportation Security Administration Transportation Security Administration
USCG
U.S. Coast Guard U.S. Coast Guard
USSS
U.S. Secret Service U.S. Secret Service

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Appendix B. Evolution of Administrative and
General Provisions in the DHS Appropriations Act
The structure of the annual DHS appropriations act has evolved significantly since its initial The structure of the annual DHS appropriations act has evolved significantly since its initial
development in the FY2004 cycle. development in the FY2004 cycle.
Initial appropriations structures were not consistent across the bill, and departmental Initial appropriations structures were not consistent across the bill, and departmental
reorganizations shifted parts and responsibilities across the department. Even so, some of the reorganizations shifted parts and responsibilities across the department. Even so, some of the
original general provisions from the FY2004 act are included in the current annual appropriations original general provisions from the FY2004 act are included in the current annual appropriations
act. act.
The overall structure of the department stabilized with the FY2008 act, and for a decade, the The overall structure of the department stabilized with the FY2008 act, and for a decade, the
structure of the bill was relatively stable from year to year. With the enactment of the FY2017 act, structure of the bill was relatively stable from year to year. With the enactment of the FY2017 act,
two major changes occurred: a common appropriations structure was applied over almost all of two major changes occurred: a common appropriations structure was applied over almost all of
the DHS components; and directive language was shifted from individual appropriations provisos the DHS components; and directive language was shifted from individual appropriations provisos
and some Title V General Provisions into groups of “administrative provisions” at the end of each and some Title V General Provisions into groups of “administrative provisions” at the end of each
title. The structure of the bill has remained relatively consistent since. title. The structure of the bill has remained relatively consistent since.
The following appendix looks at each of these years—FY2004, as the first year; FY2008, as the The following appendix looks at each of these years—FY2004, as the first year; FY2008, as the
year of significant reorganization; and FY2017, as the first year of the Common Appropriations year of significant reorganization; and FY2017, as the first year of the Common Appropriations
Structure and administrative provisions—to highlight where many of the long-standing provisions Structure and administrative provisions—to highlight where many of the long-standing provisions
of the DHS appropriations act originated. of the DHS appropriations act originated.
The First DHS Appropriations Act: FY2004
The first annual appropriations measure for DHS was passed by Congress a week before the The first annual appropriations measure for DHS was passed by Congress a week before the
beginning of its fiscal year. Initial budget justification materials presented to Congress were beginning of its fiscal year. Initial budget justification materials presented to Congress were
minimal, but the bill moved relatively quickly and passed with near-unanimity. minimal, but the bill moved relatively quickly and passed with near-unanimity.
While the titles of the DHS appropriations measure have changed slightly, and several While the titles of the DHS appropriations measure have changed slightly, and several
components have been reorganized, the general structure of the titles of the measure has remained components have been reorganized, the general structure of the titles of the measure has remained
consistent: consistent:
• • Title I – Departmental Management and Operations—headquarters functions; —headquarters functions;
• • Title II – Security, Enforcement, and Investigations—law enforcement —law enforcement
operational components; operational components;
• • Title III – Preparedness and Recovery—FEMA and related functions; —FEMA and related functions;
• • Title IV – Research and Development, Training, Assessments, and
Services—specialized components; and —specialized components; and
• • Title V – General Provisions. .
Appropriations Titles I-IV
Within the first four titles, however, component appropriations were structured Within the first four titles, however, component appropriations were structured
differently. New components, like DHS headquarters and management functions, and the differently. New components, like DHS headquarters and management functions, and the
U.S. Visitor and Immigrant Status Indicator Technology project received single U.S. Visitor and Immigrant Status Indicator Technology project received single
appropriations. Others, like the U.S. Coast Guard, received appropriations in structures appropriations. Others, like the U.S. Coast Guard, received appropriations in structures
paralleling what they had received in FY2003. New major components—U.S. Customs paralleling what they had received in FY2003. New major components—U.S. Customs
and Border Protection and Immigration and Customs Enforcement—generally followed and Border Protection and Immigration and Customs Enforcement—generally followed
the structure of legacy Customs Service appropriations. the structure of legacy Customs Service appropriations.
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These appropriations included direction to the individual components through provisos These appropriations included direction to the individual components through provisos
within the statement of appropriations themselves, rather than as administrative or within the statement of appropriations themselves, rather than as administrative or
general provisions. Some of these were statutory directions to use certain amounts for general provisions. Some of these were statutory directions to use certain amounts for
certain activities, such as facilities improvements, while others were prohibitions on the certain activities, such as facilities improvements, while others were prohibitions on the
use of funds, such as prohibitions on construction of border checkpoints. Some use of funds, such as prohibitions on construction of border checkpoints. Some
appropriations were withheld until certain conditions were met, such as providing a spend appropriations were withheld until certain conditions were met, such as providing a spend
plan to the appropriations committees that met certain parameters. Administrative plan to the appropriations committees that met certain parameters. Administrative
provisions were included in some appropriations measures at the time, often providing provisions were included in some appropriations measures at the time, often providing
direction across multiple appropriations, but no such provisions appeared in the initial direction across multiple appropriations, but no such provisions appeared in the initial
DHS appropriations act. DHS appropriations act.
In what was standard practice for the time, rescissions, or cancellation of previously In what was standard practice for the time, rescissions, or cancellation of previously
appropriated budget authority, were included immediately after the statement of appropriated budget authority, were included immediately after the statement of
appropriations for the target account. appropriations for the target account.
General Provisions
Twenty-one general provisions were included in the initial DHS appropriations act, and eight Twenty-one general provisions were included in the initial DHS appropriations act, and eight
continue to be carried forward each year as general provisions in the annual act: continue to be carried forward each year as general provisions in the annual act:
• • FY2004 Section 501—Budget authority provided by the act is not available after —Budget authority provided by the act is not available after
the fiscal year unless the bill specifically provides for it (FY2023 Section 501); the fiscal year unless the bill specifically provides for it (FY2023 Section 501);
• • FY2004 Section 502—Budget authority provided in prior acts for activities —Budget authority provided in prior acts for activities
funded in this act may be transferred to and merged with funds in the applicable funded in this act may be transferred to and merged with funds in the applicable
accounts (FY2023 Section 502); accounts (FY2023 Section 502);
• • FY2004 Section 503—Establishes parameters for reprogrammings and transfers —Establishes parameters for reprogrammings and transfers
of budget authority in the bill (a modified version continued as FY2023 Section of budget authority in the bill (a modified version continued as FY2023 Section
503); 503);
• • FY2004 Section 504—Authorizes continued availability of up to 50% of —Authorizes continued availability of up to 50% of
unobligated salaries and expenses balances at the end of the fiscal year to be used unobligated salaries and expenses balances at the end of the fiscal year to be used
in the following fiscal year (FY2023 Section 505); in the following fiscal year (FY2023 Section 505);
• • FY2004 Section 508—Deems funding for intelligence programs to be authorized —Deems funding for intelligence programs to be authorized
until an intelligence authorization act for the fiscal year was signed into law (a until an intelligence authorization act for the fiscal year was signed into law (a
modified version continued as FY2023 Section 506); modified version continued as FY2023 Section 506);
• • FY2004 Section 511—Blocks other agencies from building new federal law —Blocks other agencies from building new federal law
enforcement training facilities separate from existing ones without prior approval enforcement training facilities separate from existing ones without prior approval
of the appropriations committees (FY2023 Section 508); of the appropriations committees (FY2023 Section 508);
• • FY2004 Section 516—Requires certain construction projects to have an —Requires certain construction projects to have an
approved prospectus to be funded (FY2023 Section 509); and approved prospectus to be funded (FY2023 Section 509); and
• • FY2004 Section 518—No funds in the bill may be used in contravention of the —No funds in the bill may be used in contravention of the
Buy American Act (a modified version continued as FY2023 Section 512). Buy American Act (a modified version continued as FY2023 Section 512).
FY2004 Section 510, which required advance notification of grant awards, is still carried as an FY2004 Section 510, which required advance notification of grant awards, is still carried as an
administrative provision (Section 306 in the FY2023 act) with some modifications. administrative provision (Section 306 in the FY2023 act) with some modifications.
Several of these general provisions were one-time provisions that provided authorizations or Several of these general provisions were one-time provisions that provided authorizations or
restrictions beyond FY2004, or converted structure and functions of formerly independent restrictions beyond FY2004, or converted structure and functions of formerly independent
components into DHS functions. components into DHS functions.
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• • FY2004 Section 505—Provided flexibility for DHS to use certain funds for —Provided flexibility for DHS to use certain funds for
specific types of purchases “in fiscal year 2004 and thereafter, unless otherwise specific types of purchases “in fiscal year 2004 and thereafter, unless otherwise
provided”47; provided”47;
• • FY2004 Section 506—Made the FEMA “Working Capital Fund” account —Made the FEMA “Working Capital Fund” account
available to DHS, and renamed it as “Department of Homeland Security Working available to DHS, and renamed it as “Department of Homeland Security Working
Capital Fund”; Capital Fund”;
• • FY2004 Section 507—Made the FEMA “Bequests and Gifts” account available —Made the FEMA “Bequests and Gifts” account available
to DHS, and renamed it as “Department of Homeland Security, Gifts and to DHS, and renamed it as “Department of Homeland Security, Gifts and
Donations”; Donations”;
• • FY2004 Section 513—Required customs declarations to ask “whether the —Required customs declarations to ask “whether the
passenger had been in the proximity of livestock”; passenger had been in the proximity of livestock”;
• • FY2004 Sections 514 and 515—Blocked funding for certain DHS actions that —Blocked funding for certain DHS actions that
would prevent enforcement of certain laws against forced child labor,48 or allow would prevent enforcement of certain laws against forced child labor,48 or allow
goods made with such labor to be brought into the country; and goods made with such labor to be brought into the country; and
• • FY2004 Section 520—Authorized the Secretary to charge fees to pay for —Authorized the Secretary to charge fees to pay for
credentialing transportation workers. credentialing transportation workers.
Others provided direction to the department or its components: Others provided direction to the department or its components:
• • FY2004 Section 509—Directed FLETC to establish an accrediting body for —Directed FLETC to establish an accrediting body for
assessing federal law enforcement training programs, facilities, and instructors;49 assessing federal law enforcement training programs, facilities, and instructors;49
• • FY2004 Section 512—Required the Director of FLETC to ensure all its facilities —Required the Director of FLETC to ensure all its facilities
are operated at optimal capacity; are operated at optimal capacity;
• • FY2004 Section 517—Blocked regulations requiring airport sponsors to provide —Blocked regulations requiring airport sponsors to provide
space or services to TSA without compensation other than for security space or services to TSA without compensation other than for security
checkpoints; checkpoints;
• • FY2004 Section 519—Blocked deployment of a particular passenger —Blocked deployment of a particular passenger
prescreening system until GAO reported to Congress that the system met certain prescreening system until GAO reported to Congress that the system met certain
thresholds; and thresholds; and
• • FY2004 Section 521—Directed the Secretary to get certified systems to inspect —Directed the Secretary to get certified systems to inspect
and screen air cargo on passenger aircraft, and until it is online, to use the known and screen air cargo on passenger aircraft, and until it is online, to use the known
shipper program to prevent high-risk cargo from being carried on passenger shipper program to prevent high-risk cargo from being carried on passenger
planes. planes.
The Post-Katrina DHS Appropriations Act: FY2008
After several years of reorganization, and the refocusing of departmental priorities through the After several years of reorganization, and the refocusing of departmental priorities through the
Post Katrina Emergency Management Reform Act (PKEMRA), the structure of DHS and its Post Katrina Emergency Management Reform Act (PKEMRA), the structure of DHS and its
funding had shifted. funding had shifted.
The DHS Appropriations Act, 2008, was enacted in a different fashion than its predecessors. The The DHS Appropriations Act, 2008, was enacted in a different fashion than its predecessors. The
FY2004 act was a stand-alone measure, signed into law on the first day of the fiscal year. Each of FY2004 act was a stand-alone measure, signed into law on the first day of the fiscal year. Each of

47 Future appropriations measures restated some of these authorities in different fashions: therefore, these should not be 47 Future appropriations measures restated some of these authorities in different fashions: therefore, these should not be
considered enduring authorities. considered enduring authorities.
48 As defined under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307). 48 As defined under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307).
49 This body, the Federal Law Enforcement Training Accrediting Board, was established, and has continued to receive 49 This body, the Federal Law Enforcement Training Accrediting Board, was established, and has continued to receive
direction from the administrative provisions under Title IV in the Department of Homeland Security Appropriations direction from the administrative provisions under Title IV in the Department of Homeland Security Appropriations
Act. Act.
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the next three years, the bill was enacted as a stand-alone measure within the first month of the the next three years, the bill was enacted as a stand-alone measure within the first month of the
fiscal year. The FY2008 act was signed into law as a division of a consolidated appropriations fiscal year. The FY2008 act was signed into law as a division of a consolidated appropriations
measure almost three months into the fiscal year. Some observers note this as an indicator of measure almost three months into the fiscal year. Some observers note this as an indicator of
increasing challenges in passing the measure. increasing challenges in passing the measure.
Appropriations Titles I-IV
The FY2008 Act included several components that had not appeared in the first DHS The FY2008 Act included several components that had not appeared in the first DHS
appropriations act, as well as a reconstituted FEMA. New components are noted below, but the appropriations act, as well as a reconstituted FEMA. New components are noted below, but the
general structure of the titles of the measure remained, with slight changes to the names of Titles general structure of the titles of the measure remained, with slight changes to the names of Titles
III and IV: III and IV:
• • Title I – Departmental Management and Operations—headquarters functions, —headquarters functions,
now including specific appropriations for the Office of the Chief Financial now including specific appropriations for the Office of the Chief Financial
Officer, the Office of the Chief Information Officer, Analysis and Operations, and Officer, the Office of the Chief Information Officer, Analysis and Operations, and
Office of the Federal Coordinator of Gulf Coast Rebuilding; Office of the Federal Coordinator of Gulf Coast Rebuilding;
• • Title II – Security, Enforcement, and Investigations—law enforcement —law enforcement
operational components; operational components;
• • Title III – Protection, Preparedness, Response and Recovery—the new —the new
National Protection and Programs Directorate, the Office of Health Affairs, and National Protection and Programs Directorate, the Office of Health Affairs, and
the reconstituted FEMA; the reconstituted FEMA;
• • Title IV – Research and Development, Training, and Services—specialized —specialized
components, including the Domestic Nuclear Detection Office;50 components, including the Domestic Nuclear Detection Office;50
• • Title V – General Provisions
The structure of direction through appropriations provisos remained unchanged. However, The structure of direction through appropriations provisos remained unchanged. However,
rescissions now were included in the general provisions in Title V, in part because the evolved rescissions now were included in the general provisions in Title V, in part because the evolved
structure of the appropriations themselves did not necessarily align with the desired rescissions, structure of the appropriations themselves did not necessarily align with the desired rescissions,
which by their nature, come from prior year accounts. which by their nature, come from prior year accounts.
General Provisions—Title V
Seventy-three general provisions were included in the FY2008 DHS appropriations act. They Seventy-three general provisions were included in the FY2008 DHS appropriations act. They
included several sections of significant length making changes to the included several sections of significant length making changes to the U.S. Code, including , including
legislation on the secure handling of ammonium nitrate (Section 563), modifications to the Illegal legislation on the secure handling of ammonium nitrate (Section 563), modifications to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Section 564), and modifications Immigration Reform and Immigrant Responsibility Act of 1996 (Section 564), and modifications
to the International Registered Traveler Program (Section 565). In addition, a sixth title was to the International Registered Traveler Program (Section 565). In addition, a sixth title was
included in the act, containing the “Border Infrastructure and Technology Modernization Act of included in the act, containing the “Border Infrastructure and Technology Modernization Act of
2007.” 2007.”
Several other general provisions that are still part of the current structure of the DHS Several other general provisions that are still part of the current structure of the DHS
appropriations act appeared in FY2008: appropriations act appeared in FY2008:
• • FY2008 Section 514—Barred funding in the bill from being used to amend the —Barred funding in the bill from being used to amend the
Oath of Allegiance (FY2023 Section 513); Oath of Allegiance (FY2023 Section 513);
• • FY2008 Section 515—Blocked funding for privatization of certain jobs at —Blocked funding for privatization of certain jobs at
USCIS (a modified version appears in the FY2023 act as Section 402); USCIS (a modified version appears in the FY2023 act as Section 402);

50 The Information Analysis and Infrastructure Protection Directorate, which had appeared in this title in FY2004, was 50 The Information Analysis and Infrastructure Protection Directorate, which had appeared in this title in FY2004, was
reorganized into Analysis and Operations and the National Protection and Programs Directorate, and no longer reorganized into Analysis and Operations and the National Protection and Programs Directorate, and no longer
appeared in this title in the FY2008 Act. appeared in this title in the FY2008 Act.
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• • FY2008 Section 520—Blocked employees from serving as a contracting —Blocked employees from serving as a contracting
officer’s technical representative (COTR) or in a similar role if they have not officer’s technical representative (COTR) or in a similar role if they have not
gotten COTR training (FY2023 Section 510); gotten COTR training (FY2023 Section 510);
• • FY2008 Section 526—Required a monthly budget and staffing report (a —Required a monthly budget and staffing report (a
modified version appears in the FY2023 act as Section 102); modified version appears in the FY2023 act as Section 102);
• • FY2008 Section 529—Classifies FLETC instructor staff positions as inherently —Classifies FLETC instructor staff positions as inherently
governmental functions (FY2023 Section 407); governmental functions (FY2023 Section 407);
• • FY2008 Section 537—Blocks alteration of operations withing the Civil —Blocks alteration of operations withing the Civil
Engineering Program of the Coast Guard absent prior legislative authorization (a Engineering Program of the Coast Guard absent prior legislative authorization (a
modified version appears in the FY2023 act as Section 229); modified version appears in the FY2023 act as Section 229);
• • FY2008 Section 539—Blocked obligation of funding from DHS headquarters —Blocked obligation of funding from DHS headquarters
accounts for grants or contracts not awarded under full and open competition, accounts for grants or contracts not awarded under full and open competition,
with some exceptions, which require reporting (a modified version appears in the with some exceptions, which require reporting (a modified version appears in the
FY2023 act as Section 101, requiring reporting on such contract awards); FY2023 act as Section 101, requiring reporting on such contract awards);
• • FY2008 Section 541—Blocked the use of funding for “any position designated —Blocked the use of funding for “any position designated
as a Principal Federal Official” for Stafford Act-declared incidents (a modified as a Principal Federal Official” for Stafford Act-declared incidents (a modified
version appears in the FY2023 act as Section 533); version appears in the FY2023 act as Section 533);
• • FY2008 Section 546—Blocked the Secretary’s authority to reorganize the —Blocked the Secretary’s authority to reorganize the
Department under Section 872 of the Homeland Security Act (FY2023 Section Department under Section 872 of the Homeland Security Act (FY2023 Section
514); 514);
• • FY2008 Section 548—Blocked reductions of the Coast Guard’s Operations —Blocked reductions of the Coast Guard’s Operations
Systems Center mission or its staffing levels (a modified version appears in the Systems Center mission or its staffing levels (a modified version appears in the
FY2023 act as Section 227); FY2023 act as Section 227);
• • FY2008 Section 549—Blocked funding for privatization of certain jobs at USCG —Blocked funding for privatization of certain jobs at USCG
National Vessel Documentation Center (FY2023 Section 228); National Vessel Documentation Center (FY2023 Section 228);
• • FY2008 Section 558—Blocked CBP from preventing private individuals from —Blocked CBP from preventing private individuals from
importing certain prescription drugs for their personal use (FY2023 Section 201); importing certain prescription drugs for their personal use (FY2023 Section 201);
and and
• • FY2008 Section 567—Blocked the use of funds “for planning, testing, piloting, —Blocked the use of funds “for planning, testing, piloting,
or developing a national identification card” (FY2023 Section 515). or developing a national identification card” (FY2023 Section 515).
The Common Appropriations Structure DHS Appropriations Act:
FY2017
When DHS was established in 2003, components of other agencies were brought together over a When DHS was established in 2003, components of other agencies were brought together over a
matter of months, in the midst of ongoing budget cycles. Rather than developing a new structure matter of months, in the midst of ongoing budget cycles. Rather than developing a new structure
of appropriations for the entire department, Congress and the Administration continued to provide of appropriations for the entire department, Congress and the Administration continued to provide
resources through existing account structures when possible. resources through existing account structures when possible.
At the direction of Congress, in 2014 DHS began to work on a new Common Appropriations At the direction of Congress, in 2014 DHS began to work on a new Common Appropriations
Structure (CAS), which would standardize the format of DHS appropriations across components. Structure (CAS), which would standardize the format of DHS appropriations across components.
This would be the most significant restructuring of DHS appropriations since its establishment. In This would be the most significant restructuring of DHS appropriations since its establishment. In
an interim report in 2015, DHS noted that operating with “over 70 different appropriations and an interim report in 2015, DHS noted that operating with “over 70 different appropriations and
over 100 Programs, Projects, and Activities ... has contributed to a lack of transparency, inhibited over 100 Programs, Projects, and Activities ... has contributed to a lack of transparency, inhibited
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comparisons between programs, and complicated spending decisions and other managerial comparisons between programs, and complicated spending decisions and other managerial
decision-making.”51 decision-making.”51
After several years of work and negotiations with Congress, DHS made its first budget request in After several years of work and negotiations with Congress, DHS made its first budget request in
the CAS for FY2017, and implemented it while operating under the continuing resolutions the CAS for FY2017, and implemented it while operating under the continuing resolutions
funding the department in October 2016.52 Part of the restructuring of the appropriations included funding the department in October 2016.52 Part of the restructuring of the appropriations included
the addition of administrative provisions, shifting instructions that had been included in language the addition of administrative provisions, shifting instructions that had been included in language
of specific appropriations or in general provisions into sections at the end of each title.of specific appropriations or in general provisions into sections at the end of each title. Table B-1
shows total general provisions and administrative provisions for the last ten enacted DHS shows total general provisions and administrative provisions for the last ten enacted DHS
appropriations acts. appropriations acts.
Table B-1. Tally of General and Administrative Provisions, FY2014-FY2023
(Annual appropriations measures)~~Annual Appropriations Measures~~
General

Provisions
Administrative Provisions
Fiscal Year
Title V
Title I
Title II
Title III
Title IV
Total
2014 2014
77 77

77 77
2015 2015
78 78

78 78
2016 2016
75 75

75 75
2017 2017
44 44
8 8
28 28
12 12
9 9
101 101
2018 2018
45 45
7 7
31 31
8 8
8 8
99 99
2019 2019
40 40
6 6
31 31
9 9
8 8
94 94
2020 2020
40 40
5 5
36 36
7 7
7 7
95 95
2021 2021
42 42
6 6
35 35
11 11
7 7
101 101
2022 2022
48 48
8 8
36 36
11 11
8 8
111 111
2023 2023
49 49
8 8
36 36
11 11
7 7
111 111
Source: CRS analysis of enacted DHS appropriations. CRS analysis of enacted DHS appropriations.
~~Notes~~Note: Administrative provisions first appeared in DHS annual appropriations in the FY2017 act (P.L. 115-56, Administrative provisions first appeared in DHS annual appropriations in the FY2017 act (P.L. 115-56,
Division F). Division F).

Author Information William L. Painter Specialist in Homeland Security and Appropriations
51 Office of the Chief Financial Officer, 51 Office of the Chief Financial Officer, A Common Appropriations Structure for DHS: FY2016 Crosswalk, U.S. , U.S.
Department of Homeland Security, February 2, 2015, p. 2. Department of Homeland Security, February 2, 2015, p. 2.
52 The Coast Guard, due to limitations of its financial management system, did not implement the system until FY2019. 52 The Coast Guard, due to limitations of its financial management system, did not implement the system until FY2019.
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~~Author Information~~

~~William L. Painter~~

~~Specialist in Homeland Security and Appropriations~~

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