Department of Homeland Security Appropriations: FY2024 Provisions

Changes from January 30, 2024 to May 23, 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
~~January 30~~May 23, 2024 , 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 infrom 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, as well • 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; as amendments approved by the House of Representatives during floor consideration; ~~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; and • those enacted in P.L. 118-47, Division C. .

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 House-passed and Senate Administration’s FY2024 budget request for DHS, and in the House-passed and Senate
committee-reported FY2024 DHS appropriations bills. committee-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 funding levels proposed in the DHS appropriations • For more information on the funding levels proposed in the DHS appropriations
measures for FY2024, see CRS Report R47678, 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 FY2024, • For more information on the current status of DHS appropriations for FY2024,
see CRS Report R47688, see CRS Report R47688, Department of Homeland Security Appropriations:
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 included This report focuses on administrative and general provisions included
in: • the detailed proposals for administrative and general provisions made in the Administration’s FY2024 appropriations request for DHS; • the administrative and general provisions in House Appropriations Committee- reported ~~• in the Administration in the FY2024 budget request;~~
~~• in the House Appropriations Committee (HAC)-reported version of H.R. 4367, as~~
~~well as~~ H.R. 4367, as well as amendments approved by the House of Representatives during floor consideration; approved by the House of Representatives during floor consideration; ~~and~~
~~• in the Senate Appropriations Committee (SAC)-reported version of S. 2625.~~
Congressional Research Service Congressional Research Service

1 1

Department of Homeland Security Appropriations: FY2024 Provisions

• the administrative and general provisions in Senate Appropriations Committee- reported S. 2625; and • those enacted in P.L. 118-47, Division C. 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. It also notes provisions added 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. 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 versions of acts and bills, To avoid confusion between differing section numbers in various versions of acts and bills,
sections of the FY2023 act are referred to as “FY2023 Sections,” those of H.R. 4367 are referred sections of the FY2023 act are referred to as “FY2023 Sections,” those of H.R. 4367 are referred
to as “HAC Sections” or “House Sections,” to as “HAC Sections” or “House Sections,” ~~and~~ those of S. 2625 are referred to as “SAC those of S. 2625 are referred to as “SAC
~~Sections.”~~
~~Appendices include a glossary of abbreviations~~Sections,” and those of P.L. 118-47, “FY2024 Sections.” Appendices include a glossary of abbreviations, notes on other language changes from FY2023 to FY2024, and a brief discussion of the longer-term history 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~~
~~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~~
~~request.3~~
The FY2024 act includes 31: six provisions from FY2023 were not included, two were substantively
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, Budget of the U.S. Government, Fiscal Year 2024: Appendix (Washington, DC:~~
~~(continued...~~(Hereinafter, “FY2023 Explanatory Statement.”) )
Congressional Research Service Congressional Research Service

2 2

link to page 9 Department of Homeland Security Appropriations: FY2024 Provisions

~~The five provisions not included in the request were~~changed, and one that had not appeared in FY2023 was added. The other 28 remained essentially unchanged.3 Administration-proposed Changes4 Administration-proposed Deletions The Administration had proposed deleting five provisions that had been included in the FY2023 enacted measure:
• • 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.program. • Neither committee-reported bill included the provision. Neither committee-reported bill included the provision.
• This provision was not included in the FY2024 enacted measure. • • FY2023 Section 212: Included since FY2018 in annual appropriations, Included since FY2018 in annual appropriations,45 this 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.
• • ~~House-passed H.R. 4367 included the provision as Section 211, with~~
~~substantive modifications described below.~~
~~• SAC-reported S. 2625 included the provision as Section 211, without~~
~~substantive changes, aside from funding levels~~This provision was included as FY2024 Section 211, and the changes are described in the “Modifications” subsection on page 5 of this report. .
• • 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.existing primary passenger terminal screening area. • Neither committee-reported Neither committee-reported
bill included the provision. bill included the provision.
• This provision was not included in the FY2024 enacted measure. • • FY2023 Section 231: Included since FY2022, Included since FY2022,56 this administrative provision 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.reflect its costs.67
• House-passed H.R. 4367 included the provision as Section 236. • House-passed 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~~
~~USSS to make a $23 million grant or cooperative agreement from its Operations~~
~~and Support appropriation for existing National Computer Forensics Institute~~
~~Facilities used for cybersecurity incident and threat investigation and training.~~
~~Neither committee-reported bill included the provision.~~
~~The Administration proposed two alterations, neither of which was included in either the House-~~
~~passed or SAC-reported bill:~~
~~• FY2023 Section 210: Included since FY2020, this provision has restricted the~~
~~ability to reduce CBP’s “anticipated or planned” vetting operations at existing~~
~~locations unless specifically authorized by statute. The Administration has~~
~~proposed dropping “anticipated or” from the provision, a request they first made~~
~~in FY2023.~~
~~• FY2023 Section 221: Included since FY2020, this provision required the~~
~~Administrator of the TSA to submit to certain congressional committees a single~~
~~report that fulfils the requirements of a Capital Investment Plan, a five-year~~

~~U.S. Government Printing Office, 2023)~~• This provision was included as FY2024 Section 227. 3 The text of these provisions and their descriptions can be found in the committee print of the Further Consolidated Appropriations Act, 2024. (U.S. Congress, House Appropriations Committee, Further Consolidated Appropriations Act, 2024 [Legislative Text and Explanatory Statement], committee print, prepared by Committee on Appropriations, U.S. House of Representatives, 118th Cong., 2nd sess., May 6, 2024, 55-008 (Hereinafter, “FY2024 Committee Print”); provisions on pp. 527-532, descriptions on pp. 580-582.) 4 CRS analysis of Office of Management and Budget, Fiscal Year 2024 Budget of the U.S. Government: Appendix, March 11, 2024, pp. 533-534, https://www.govinfo.gov/content/pkg/BUDGET-2024-APP/pdf/BUDGET-, https://www.govinfo.gov/content/pkg/BUDGET-2024-APP/pdf/BUDGET-
2024-APP.pdf (hereinafter, 2024-APP.pdf (hereinafter, FY2024 Appendix))~~, pp. 518-520.~~
4; and P.L. 117-328, Division F. 5 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 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).
56 P.L. 107-103, Div. F, Section 231. P.L. 107-103, Div. F, Section 231.
67 P.L. 115-282. P.L. 115-282.
Congressional Research Service Congressional Research Service

3 3

Department of Homeland Security Appropriations: FY2024 Provisions

• FY2023 Section 236: This one-time administrative provision authorized the USSS to make a $23 million grant or cooperative agreement from its Operations and Support appropriation for existing National Computer Forensics Institute Facilities used for cybersecurity incident and threat investigation and training. • Neither committee-reported bill included the provision. • This provision was not included in the FY2024 enacted measure. Administration-proposed Modifications The Administration proposed alterations to two provisions, neither of which was included in any of the FY2024 measures: • FY2023 Section 210: Included since FY2020, this provision has restricted the ability to reduce CBP’s “anticipated or planned” vetting operations at existing locations unless specifically authorized by statute. The Administration has proposed dropping “anticipated or” from the provision, a request they first made in FY2023. • FY2023 Section 221: Included since FY2020, this provision required the Administrator of the TSA to submit to certain congressional committees a single report that fulfils the requirements of a Capital Investment Plan, a five-year technology investment plan, and an Advanced Integrated Passenger Screening technology investment plan, and an Advanced Integrated Passenger Screening
Technologies report within a certain amount of time. The Administration 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.”unconstrained.”78 Administration-proposed Additions
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 the House-passed nor Senate 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 5 provisions,~~
~~substantively changing 2, and including 13 that had not appeared in FY2023. The 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~~
~~also did not include two other provisions:~~
~~• FY2023 Section 219: Included in some form since FY2009,8 this provision~~
~~required that all awards by TSA for explosives detection systems deployment be~~
~~based on certain standards; and~~
~~• FY2023 Section 226: Included in some form since FY2010,9 this provision~~
~~allowed a certain amount of USCG Operations and Support appropriations used~~
~~for enduring overseas anti-terrorism missions to be moved between programs~~

~~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~~
~~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-~~
~~security.~~
~~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.~~
~~Congressional Research Service~~

4

~~link to page 8~~ ~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~projects, and activities within the overarching appropriation without regard to the~~
~~reprogramming10~~ 8 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 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-security. Congressional Research Service 4 Department of Homeland Security Appropriations: FY2024 Provisions None of these proposed new provisions were included in any of the FY2024 measures, either. Other Changes9 Deletions The FY2024 measure did not include three provisions from FY2023 that the Administration had proposed carrying forward: • FY2023 Section 219: This provision, first carried in FY2009 as a direction within the TSA Aviation Security appropriation, required TSA to award grants for deployment of explosive detection systems on the basis of “risk, the airport’s current reliance on other solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness and increased cost effectiveness.” • FY2023 Section 224: This provision allowed greater flexibility for the USCG to reprogram up to $10 million in its Operations and Support appropriation to or from its Military Personnel funding category and between its Field Operations funding subcategories. The former flexibility was first provided in FY2014, and the latter was added in FY2022. • FY2023 Section 226: This provision, included in some form since FY2010,10 initially allowed the USCG to allocate funding within its operations appropriation designated as being for “Overseas Contingency Operations / Global War on Terror” (a special budgetary designation that made it easier to provide under budget limitations) to be allocated among various activities without regard to the reprogramming11 restrictions in the bill’s general provisions. Although the special designation fell out of use, this flexibility was maintained over the years, most recently for funding “for defense-related activities … that are used for enduring overseas missions in support of the global fight against terrorism.” Modifications • FY2024 Section 211: ~~restrictions in the bill’s general provisions.~~
~~Substantive Changes~~
~~HAC-reported H.R. 4367 included two Title II administrative provisions with substantive changes~~
~~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. Procurement, Construction, and Improvements (PC&I) appropriation. ~~HAC-~~
~~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,~~
~~the first time new budget authority would be directed to border barriers since the~~
~~DHS Appropriations Act, 2021.~~The provision distributes the $850 million appropriation as follows: 9 CRS analysis of P.L. 117-328, Division F; H.R. 4367; S. 2625, and P.L. 118-47, Division C. 10 Prior to FY2018, this flexibility was included in the language of USCG’s Operating Expenses appropriation. 11 Reprogramming is the action of shifting budget authority from one program, project, or activity to another. Congressional Research Service 5 link to page 10 Department of Homeland Security Appropriations: FY2024 Provisions
Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions
Program, Project, or
~~FY2023~~
FY2024
House-~~passed~~Passed
SAC-Reported
~~Activity~~
~~Enacted~~P.L. 118-47, Activity
Request
H.R. 4367
S. 2625 Division C
Acquisition and deployment of Acquisition and deployment of
$0 $0
$ $0
$2,104,000,000 2,104,000,000
$0 $0
$0 physical barriers physical barriers
Acquisition and deployment of Acquisition and deployment of
~~230,277~~229,568,000 ,000
~~229,568~~276,000,000 ,000
~~276,000~~263,300,000 ,000
~~263,300~~283,500,000 ,000
border technologies border technologies
Trade and travel assets and Trade and travel assets and
~~126,047~~305,400,000 ,000
305,400,000 305,400,000
~~305,400~~644,296,000 ,000
~~644,296~~380,900,000 ,000
infrastructure infrastructure
Facility construction and Facility construction and
~~99,900~~83,768,000 ,000
83119,768,000 ,768,000
~~119,768~~69,654,000 ,000
~~69,654~~92,114,000 ,000
improvements improvements
Integrated operations assets Integrated operations assets ~~and~~
~~92,661,000~~
82,732,000 82,732,000
123,232,00 123,232,000a
134,100,000 134,100,000
75,983,000 and infrastructure infrastructure
Mission support and Mission support and
~~32,673,000~~
17,673,000 17,673,000
37,253,000 37,253,000
41,179,000 41,179,000
~~infrastructure~~
~~Total~~
~~$581,558,000~~17,673,000 infrastructure Total
$719,141,000
$2,965,653,000
$1,152,529,000
~~Sources:~~ ~~CRS analysis of P.L. 117-328, Section 212;~~$850,170,000 Sources: CRS analysis of U.S. Customs and Border Protection FY2024 Congressional
Justification; House-passed H.R. 4367, Section 211; House-passed H.R. 4367, Section 211; ~~and~~ SAC-reported S. 2625SAC-reported S. 2625, Section 211; and P.L. 118-47, Division C, Section 211. , Section 211.
a. An amendment by a. An amendment by ~~Rep.~~Representative Houlahan to this amount to raise the issue of reforms of programs to Houlahan to this amount to raise the issue of reforms of programs to ~~counter~~
counter Unmanned Aircraft Systems was included in an Unmanned Aircraft Systems was included in an en bloc amendment that passed by voice vote, but it did not amendment that passed by voice vote, but it did not
change the overall amount for this activity. change the overall amount for this activity.
~~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~~
~~obligation of border barrier construction funding no later than 120 days after the date of~~
~~enactment.~~
• ~~FY2023~~• FY2024 Section ~~217:~~ ~~Included since FY2021, this administrative provision~~
~~carried forward two prior-year administrative provisions from the FY2020 DHS~~
~~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~~
~~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~~
~~on risks of exploitation); and Section 217, which that required reporting 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~~
~~forward FY2020 Section 216.~~
~~Proposals for New Provisions~~
~~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~~
~~committee markup, would provide the following direction to the department:~~
~~• HAC Section 224: This new administrative provision would direct the Secretary~~
~~of DHS to allocate ICE Operations and Support appropriations to maintain the~~
~~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~~
~~Detention Program with mandatory GPS monitoring throughout the duration of~~
~~all applicable immigration proceedings.”~~
~~Eleven of these provisions would impose restrictions on the use of funds made available by the~~
~~bill, restricting~~
~~• Removal of existing border barriers unless they are being repaired or replaced~~
~~(HAC Section 212);~~
~~• The use of CBP’s mobile application to facilitate the parole of any alien into the~~
~~United States (HAC Section 213);~~
~~• Reducing the participation in the 287(g) program (described above) or~~
~~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~~
~~been violated (HAC Section 214);~~
~~• Implementation of policies described in two memoranda on enforcement of civil~~
~~immigration law (HAC Section 220);~~
~~• Transportation of aliens unlawfully present into the U.S. interior for purposes~~
~~other than the enforcement of immigration laws, except for unaccompanied alien~~
~~children (HAC Section 221);~~
~~• 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,~~
~~any abortion” (HAC Section 222);~~
~~• Administration of hormone therapy medication or performance or facilitation of~~
~~any surgery for any person in ICE custody “for the purpose of gender-affirming~~
~~care” (HAC Section 223);~~
~~• 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~~
~~Section 228);~~
~~• Implementation of a CBP policy directive on vehicular pursuits (HAC Section~~
~~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~~
~~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,~~
~~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~~
~~the Northern Mariana Islands for temporary visits without a visa (HAC Section~~
~~243, added in an en bloc amendment at full committee markup).~~
~~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~~
~~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~~
~~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 6 provisions,~~
~~substantively changing 1, and including 2 that had not appeared in FY2023. The other 29~~
~~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~~
~~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:~~
~~• FY2023 Section 215: Included in some form since FY2014,12 this provision~~
~~allows U.S. Immigration and Customs Enforcement to reprogram funding within~~
~~its Operations and Support appropriation “as necessary to ensure the detention of~~
~~aliens prioritized for removal.”~~
~~Substantive Changes~~
~~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 in Table 1.~~
~~Proposals for New Provisions~~
~~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~~
~~direction to the department:~~
~~• SAC Section 217: This provision would require ICE to provide monthly budget~~
~~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~~
~~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~~
~~bill:~~

~~11 The description of the section’s intent is based on the subcommittee chairman’s description of the amendment during~~
~~the markup.~~
~~12 Prior to FY2017, this requirement was included in the language of ICE’s “Salaries and Expenses” appropriation.~~
~~Congressional Research Service~~

7

~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~• 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~~
~~• the Cybersecurity and Infrastructure Security Agency (CISA); and~~
~~• Federal Emergency Management Agency (FEMA).~~
~~There were 11 administrative provisions included at the end of Title III of the DHS~~
~~Appropriations Act, 2023.13~~
~~Administration-Proposed Changes~~
218: This provision, first carried as a proviso in the TSA Aviation Security appropriation in FY2006, blocked certain senior government officials from being exempted from passenger and baggage screening. In the FY2024 measure, it was modified to add a subsection barring the use of funds to carry out legislation modifying those passenger and screening requirements. Additions P.L. 118-47 included one new administrative provision: • FY2024 Section 217: This new administrative provision requires the ICE Chief Financial Officer to submit to the appropriations committees an obligation plan for the component within 45 days of enactment. Protection, Preparedness, Response, and Recovery Administrative Provisions (Title III) Title III of annual DHS appropriations measures currently covers appropriations for • the Cybersecurity and Infrastructure Security Agency (CISA); and • Federal Emergency Management Agency (FEMA). There were 11 administrative provisions included at the end of Title III of the DHS Appropriations Act, 2023.12 The FY2024 act included 11 provisions as well: two from FY2023 12 Descriptions of these provisions can be found in “FY2023 Explanatory Statement,” p. S8679. Congressional Research Service 6 Department of Homeland Security Appropriations: FY2024 Provisions were not included, and two that did not appear in FY2023 were added. The other nine provisions remained essentially unchanged.13 Administration-Proposed Changes14 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.unchanged in the request.1415 Administration-proposed Deletions
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~~provision16 that required the Director of CISA to provide quarterly budget and staffing briefings that required the Director of CISA to provide quarterly budget and staffing briefings
to the appropriations committees.to the appropriations committees. • Neither committee-reported bill included the provision. • This provision was not included in the FY2024 enacted measure. Administration-proposed Modifications The Administration proposed alterations to five provisions
~~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. • House-House-
passed H.R. 4367 did not include the entire provision. SAC-reported passed H.R. 4367 did not include the entire provision. SAC-reported S. 2625 did S. 2625 did
not include the modification, but included the base provision as not include the modification, but included the base provision as Section 301. • The modification was not included in the FY2024 enacted measure. • ~~Section 301.~~
• FY2023 Sections 303, 304, and 305: The Administration modified these The Administration modified these
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 state language 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. 13 The text
~~13 Descriptions~~ of these provisions of these provisions and their descriptions can be found in “FY2024 Committee Print”; provisions on pp. 536-537, descriptions on pp. 588-589. 14 CRS analysis of Appendix, pp. 518-520; and P.L. 117-328, Division F. 15 Office of Management and Budget, Fiscal Year 2025 Budget of the U.S. Government: Appendix, March 11, 2024 (Washington, DC: GPO, 2024), pp. 533-534. (Hereinafter, “Appendix.”) 16 ~~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.~~
~~14 Appendix, pp. 533-534.~~
15 The requirement had originally been laid out in the explanatory statement accompanying the FY2022 DHS 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.
Congressional Research Service Congressional Research Service

87

Department of Homeland Security Appropriations: FY2024 Provisions

~~recipients for the administration of Nonprofit Security Grants, and renumbered~~
~~paragraph references in the other two.~~ • Neither the House-passed nor Senate Neither the House-passed nor Senate
committee-reported bill included these committee-reported bill included these modifications. modifications.
• • This provision was not included in the FY2024 enacted measure. • FY2023 Section 306: Included since FY2017, this administrative provision Included since FY2017, this administrative provision
required FEMA to brief the appropriations committees on the award of certain 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. the reduction in the FY2024 act. • Neither the House-passed nor Senate Neither the House-passed nor Senate
committee-reported bill included committee-reported bill included ~~this modification.~~these modifications. • This provision was not included in the FY2024 enacted measure. Administration-proposed Additions
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:
• • aA provision authorizing CISA to use certain funds for a cybersecurity provision authorizing CISA to use certain funds for a cybersecurity
competition competition~~;16~~
~~• a~~.17 • Neither committee-reported bill included the provision. • This provision was not included in the FY2024 enacted measure. • A provision allowing any prior-year unobligated balances in the Pre-disaster 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 programInfrastructure and Communities (BRIC) grant program~~;17 and~~
~~• a~~.18 • House-passed H.R. 4367 did not include this provision, but S. 2625 included it as SAC Section 312. • This provision was included in the FY2024 enacted measure as Section 310. • A provision allowing prior-year separate appropriations for the FEMA “Flood 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 the House-passed nor Senate committee-reported bill included the first of these proposed~~
~~new provisions. While~~ • House-passed H.R. 4367 did not include House-passed H.R. 4367 did not include ~~the second two either,~~this provision, but S. 2625 S. 2625
~~included them as Sections 312 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~~
~~provisions that had appeared in the FY2023 act, and substantively changing one. The other eight~~
~~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~~
~~above, and~~
~~• FY2023 Section 304: This administrative provision was a fix to ensure that with~~
~~congressional restructuring of the Nonprofit Security Grant Program, its~~
~~resources would not be included in the calculation of minimum allocations for~~
~~the State Homeland Security Grant Program.~~

16included it as SAC Section 313. • This provision was included in the FY2024 enacted measure as Section 311. 17 A similar provision was included in the FY2022 act (P.L. 117-328, Div. F, Section 301). A similar provision was included in the FY2022 act (P.L. 117-328, Div. F, Section 301).
1718 This had been proposed in the FY2023 budget request as well. This had been proposed in the FY2023 budget request as well.
Congressional Research Service Congressional Research Service

98

Department of Homeland Security Appropriations: FY2024 Provisions

~~Substantive Changes~~
~~HAC-reported H.R. 4367 proposed one substantive change to a Title III administrative provision~~
~~carried forward from FY2023.~~
~~• FY2023 Section 302: In FY2023, this new administrative provision required the~~
~~Director of CISA to provide quarterly budget and staffing briefings that had been~~
~~originally laid out in the explanatory statement accompanying the FY2022 DHS~~
~~Appropriations Act, making them a statutory requirement, and curtailing certain~~
~~CISA funding unless the briefings are provided within a certain time frame.~~
~~HAC-reported H.R. 4367 specified the reduction should come from CISA’s~~
~~“Mission Support” activity within its Operations and Support appropriation,~~
~~rather than “Management and Business Activities,” which is no longer part of the~~
~~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~~
~~that had appeared in the FY2023 act, substantively changing one, and including two provisions~~
~~that had been requested by the Administration.~~
~~Substantive Changes~~
~~• SAC-reported S. 2625 proposed one substantive change to a Title III~~
~~administrative provision carried forward from FY2023—the same technical~~
~~change proposed in HAC-reported H.R. 4367.~~
~~Proposals for New Provisions~~
~~• As noted above, SAC-reported S. 2625 included two new administrative~~
~~provisions proposed by the Administration as Sections 312 and 313~~Other Changes19 Deletions The FY2024 measure did not include one provision from FY2023 that the Administration had proposed carrying forward: • FY2023 Section 304: This new Administrative provision, carried only in FY2023, allowed funds provided for the Nonprofit Security Grant program not to be included in total SHSGP grant funding. This was important in the calculations of allocations, and because states have to make available 80% of their total SHSGP grant to state and local governments within 45 days of receiving it. • House-passed H.R. 4367 did not include this provision, but S. 2625 included it as SAC Section 304. • This provision was not included in the FY2024 enacted measure. .
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.Appropriations Act, 2023.18

~~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~~
~~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~~

10

~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~Administration-Proposed Changes~~
~~The Administration proposed eight Title IV administrative provisions, only requesting~~20 Likewise, the FY2024 act also included seven provisions at the end of Title IV, with no additions, deletions, or substantive changes.21 Administration-Proposed Changes22 The Administration requested a single a single
additional provision: an administrative provision repealing the termination date for the DHS additional provision: an administrative provision repealing the termination date for the DHS
Countering Weapons of Mass Destruction Office.Countering Weapons of Mass Destruction Office.19 23 • Neither committee-reported bill included this 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~~
~~been included in the FY2023 act. The other seven administrative provisions remained essentially~~
~~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~~
~~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~~
~~• Implementation of a rule outlining procedures for credible fear screening and~~
~~consideration of other claims by asylum officers (HAC-reported Section 404);~~
~~and~~
~~• 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~~
~~application was pending (HAC-reported Section 405).~~
~~Three others provide other direction:~~
~~• HAC Section 406: This new administrative provision20 would have allowed~~
~~workers 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 visas.~~
~~• HAC Section 407: This new administrative provision would have allowed~~
~~nonimmigrants to be admitted under the H-2A temporary or seasonal agricultural~~
~~visa program in FY2024 regardless of whether the agricultural work is temporary~~
~~or seasonal.~~
~~• HAC Section 408: This new administrative provision21 would allow the Director~~
~~of USCIS to use up to $5,000 from the Immigration Examinations Fee Account~~
~~for official reception and representation expenses in FY2024.~~

~~19 Under current law as of the date of publication, the Office is set to terminate on December 21, 2023, per~~provision. • The provision was not included in the FY2024 enacted measure. 19 CRS analysis of P.L. 117-328, Division F; H.R. 4367; S. 2625, and P.L. 118-47, Division C. 20 Descriptions of these provisions can be found in the “FY2023 Explanatory Statement,” p. S8582. 21 The text of these provisions and their descriptions can be found in the “FY2024 Committee Print”; provisions on pp. 590-540, descriptions on p. 594.) 22 CRS analysis of Appendix, p. 544; and P.L. 117-328, Division F. 23 See 6 U.S.C. 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,~~
~~Div. F, Section 565).~~
~~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~~§591(e). .
Congressional Research Service Congressional Research Service

119

Department of Homeland Security Appropriations: FY2024 Provisions

~~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 Title I of annual DHS appropriations measures currently covers appropriations for
• the Office of the Secretary and Executive Management; • the Office of the Secretary and Executive Management;
• the Management Directorate; • 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. There were eight administrative provisions included at the end of Title I of the FY2023 act.22
~~Administration-Proposed Changes~~
24 The FY2024 enacted measure included six provisions, as two provisions from FY2023 were not carried forward into FY2024.25 Administration-Proposed Changes26 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 substantively changing none, and including one provision that had not appeared in FY2023. The other five that had not appeared in FY2023. The other five
provisions remained essentially unchanged in the request. remained essentially unchanged in the request.
Administration-proposed Deletions 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,the appropriations committees on DHS’s major acquisition programs,2327 as well as 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.over their lifecycle on the DHS Master Acquisition Oversight List.2428 All such 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.FY2023, additional parameters were added for the cost estimates. ~~Both~~
• Both the House-passed and Senate committee-reported bills included the committee-reported bills included the provision without substantive changes as provision without substantive changes as
Section 105. Section 105.

2224 Descriptions of these provisions can be found in 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.~~
23“FY2023 Explanatory Statement,” p. S8556. 25 The text of these provisions and their descriptions can be found in the “FY2024 Committee Print”; provisions on pp. 520-523, descriptions on p. 566.) 26 CRS analysis of FY2024 Appendix, pp. 494-495, and P.L. 117-328, Division F. 27 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special 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.”
2428 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management. A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.
Congressional Research Service Congressional Research Service

1210

Department of Homeland Security Appropriations: FY2024 Provisions

• • This provision was included in the FY2024 enacted measure as Section 105 as well. • FY2023 Section 107: Carried since FY2022, this administrative provision Carried since FY2022, this administrative provision
required reporting from the DHS Under Secretary for Management to the required reporting from the DHS Under Secretary for Management to the
appropriations committees before DHS could obligate money from the act for appropriations committees before DHS could obligate money from the act for
pilot or demonstration programs. To trigger the reporting, the program would 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 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 exceptions provided for IT contract work and programs specifically directed by
Congress.Congress. ~~Both~~ • Both the House-passed and Senate committee-reported bills included the committee-reported bills included the provision without provision without
substantive changes as Section 106substantive changes as Section 106. • This provision was included in the FY2024 enacted measure as Section 106 as well. .
• • FY2023 Section 108: This provision allowed $14 million to be transferred from This provision allowed $14 million to be transferred from
the supplemental appropriation provided for the Disaster Relief Fund to the DHS the supplemental appropriation provided for the Disaster Relief Fund to the DHS
Office of Inspector General for oversight of that appropriation.Office of Inspector General for oversight of that appropriation. ~~Neither~~
~~committee reported bill~~ • Neither the House-passed nor Senate committee-reported bills included the ~~included the~~ provision. provision.
~~The Administration~~• The provision was not included in the FY2024 enacted measure. Administration-proposed Additions The Administration also proposed a new general provision to establish a “Department of Homeland proposed a new general provision to establish a “Department of Homeland
Security Southwest Border Contingency Operations Fund,” Security Southwest Border Contingency Operations Fund,” through which the Secretary could provide CBP, ICE, and FEMA~~which could provide~~ up to $4.7 up to $4.7
billion in billion in total emergency-designated appropriations, contingent on the cumulative number of migrant emergency-designated appropriations, contingent on the cumulative number of migrant
encounters at the border each encounters at the border each quarter.29 • Neither the House-passed nor Senate committee-reported bills~~quarter.25 Neither committee reported bill~~ included the included the provision. • The provision was not included in the FY2024 enacted measure. Other Changes30 Deletions The FY2024 measure did not include one provision from FY2023 that the Administration had proposed carrying forward: • FY2023 Section 103: This provision, carried since a FY2007 supplemental appropriations measure,31 required DHS to link any and all award fees in their contracts to specific successful acquisition outcomes. 29 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. 30 CRS analysis of P.L. 117-328, Division F; H.R. 4367; S. 2625, and P.L. 118-47, Division C. 31 P.L. 110-28, §3502, after which it was picked up as a general provision in FY2008 annual appropriations measure (P.L. 110-161, §556) and moved to an administrative provision in FY2017 (P.L. 115-31, §104). Congressional Research Service 11 Department of Homeland Security Appropriations: FY2024 Provisions • Neither the House-passed nor Senate committee-reported bills included the provision. • The provision was not included in the FY2024 enacted measure~~provision.~~
~~House and Senate Appropriations Committee-Proposed Changes and Floor~~
~~Action~~
~~Both committee-reported bills included six administrative provisions in Title I: dropping two~~
~~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~~
~~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~~. .
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.provided budget authority.2632
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.~~
~~Administration-Proposed Changes~~
There were 49 general provisions included in Title V of the DHS Appropriations Act, 2023. The FY2024 enacted measure included 51 provisions: nine provisions from FY2023 were not included, four were substantively changed, and 11 that had not appeared in FY2023 were added—four of which did not pertain to DHS, but provided modifications to previously enacted appropriations measures. The other 36 remained essentially unchanged.33 Rescissions are cancellations of previously appropriated but unobligated budget authority. They reduce the net budget authority provided by the bill, lowering its “score” against budget allocations and statutory budget limits. Traditionally, they are found at the end of Title V of the DHS Appropriations Act. As they are distinct in form and function from the policy provisions of Title V, those five FY2024 provisions (two of which appeared in the FY2023 bill, and three of which did not) are addressed separately at the end of the section. Administration-Proposed Changes34 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 provisionsproposed not including 13 provisions (one of which was a rescissions provision), substantively changing one, substantively changing one (another rescissions provision), and including one that had not , and including one that had not
appeared in FY2023. The other 36 appeared in FY2023. The other 36 provisions remained essentially unchanged. remained essentially unchanged.
Administration-proposed Deletions 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.
32 Descriptions of these provisions can be found in the “FY2023 Explanatory Statement,” pp. S8582-S8584. 33 The text of these provisions and their descriptions can be found in the “FY2024 Committee Print”; provisions on pp. 540-555, descriptions on pp. 594-599.) 34 CRS analysis of FY2024 Appendix, pp. 544-549; and P.L. 117-328, Division F. Congressional Research Service 12 Department of Homeland Security Appropriations: FY2024 Provisions 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.appropriations acts beginning in FY2017.~~27 The HAC-reported~~35 • The House-passed bill included this bill included this
as Section 528; the SAC-reported bill as Section 528; the SAC-reported bill did not include it.did not include it.
• The provision was not included in the FY2024 enacted measure. • • 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.beginning in FY2021.2836 Both committee-reported bills retained this provision Both committee-reported bills retained this provision. • Both the House-passed and Senate committee-reported bills included the provision without substantive changes. • The provision was included in the FY2024 enacted measure as Section 531. .
• • 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.appropriations acts beginning in FY2021.29 37 • Both committee-reported bills Both committee-reported bills
retained this provisionretained this provision. • The provision was included in the FY2024 enacted measure as Section 532. .
• • 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.FY2017.30 38 • Both committee-reported bills retained this provision. Both committee-reported bills retained this provision.
• The provision was included in the FY2024 enacted measure as Section 534. • • 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.hazard mitigation revolving loan funds. ~~Neither~~ • Neither the House-passed nor Senate committee-reported committee-reported ~~bill~~bills included included
~~this provision~~the provision. • The provision was not included in the FY2024 enacted measure. .
• • 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~~ • Neither the House-passed nor Senate committee-reported committee-reported ~~bill~~bills included included ~~these~~ the provisions. provisions.

2735 P.L. 115-31, Div. F, Section 544. P.L. 115-31, Div. F, Section 544.
2836 P.L. 116-260, Div. F, Section 537. P.L. 116-260, Div. F, Section 537.
2937 P.L. 116-260, Div. F, Section 542. P.L. 116-260, Div. F, Section 542.
3038 P.L. 115-31, Div. F, Section 532. P.L. 115-31, Div. F, Section 532.
Congressional Research Service Congressional Research Service

14

~~link to page 19~~ 13 Department of Homeland Security Appropriations: FY2024 Provisions

• • The provisions were not included in the FY2024 enacted measure. • FY2023 Section 543: This general provision extended flexibility provided in the This general provision extended flexibility provided in the
CARES CARES ~~Act31~~Act39 for DHS employees, detailees, or contractors who are licensed to 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.appeared in DHS annual appropriations acts beginning in FY2022. ~~Neither~~
• Neither the House-passed nor Senate committee-reported committee-reported ~~bill~~bills included included ~~this provision~~the provision. • The provision was not included in the FY2024 enacted measure. .
• • 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.FY2012.32 40 • The HouseThe House-passed and Senate committee-reported bills included this and Senate committee-reported bills included this
provision as Section 538 and Section 537, respectively. provision as Section 538 and Section 537, respectively.
• • The provision was included in the FY2024 enacted measure as Section 537. • 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
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.and budget processes. • The HouseThe House-passed and Senate committee-reported bills included and Senate committee-reported bills included
this this provision as Section 539 and Section 538, respectively, with the Senate broadening the requirement for estimates to be provided with the annual budget request to include supplemental appropriations and reprogramming requests. • The FY2024 enacted measure included this provision as Section 538, adding that those estimates should be included in supplemental appropriations requests, not just annual appropriations requests, and that if they were not included, transfer and reprogramming authority would be restricted until such estimates are provided to the appropriations committees. • FY2023 Section 546: This general provision provided emergency-designated funding for CBP and ICE to address the situation at the U.S.-Mexico Border.41 • Neither the House-passed nor Senate committee-reported bills included the provision. • The provision was not included in the FY2024 enacted measure. • FY2023 Section 547: This general provision, new in FY2023, extended through the end of FY2023 the authority for the Secretary and the Attorney General to take steps to mitigate threats posed by unmanned aerial vehicles. 39 P.L. 116-136, Div. B, Title VI, Section 16005. 40 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. 41 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. Congressional Research Service 14 ~~provision as Section 539 and Section 538, respectively.~~
~~• FY2023 Section 546: This general provision provided emergency-designated~~
~~funding for CBP and ICE to address the situation at the U.S.-Mexico Border.33~~
~~Neither committee-reported bill included this provision.~~
~~• FY2023 Section 547: This general provision, new in FY2023, extended through~~
~~the end of FY2023 the authority for the Secretary and the Attorney General to~~
~~take steps to mitigate threats posed by unmanned aerial vehicles. The HAC-~~
~~reported bill did not include this provision, while the SAC-reported bill included~~
~~the provision as Section 539.~~
~~• FY2023 Section 549: In FY2023, Section 549 rescinded $46 million in expired~~
~~FY2022 Operations and Support appropriations from 12 different accounts.34~~
~~Neither committee-reported bill included this provision.~~
~~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~~
~~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~~
~~Section 545, respectively.~~
Table 2 includes a comparison of the rescission proposals made by the Administration in March
~~2023, 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~~

~~Table 2. FY2024 DHS Rescission Proposals~~
~~(Thousands of dollars of discretionary budget authority)~~
~~House-passed~~
~~SAC-Reported~~
~~Designation~~
~~Request~~
~~H.R. 4367~~
~~S. 2625~~
~~OSEM O&S~~
~~800~~
~~800~~
—
~~Management Directorate~~
~~4,100~~
~~4,100~~
—
~~CBP PC&I~~
~~1,473~~
~~1,473~~
~~1,473~~
~~CBP BSFIT~~
~~1,842~~
~~1,842~~
~~1,842~~
~~CBP Air and Marine Interdiction~~
~~452~~
~~452~~
~~452~~
~~CBP PC&I FY2020~~
—
~~1,159,000~~
—
~~CBP PC&I FY2021~~
—
~~945,000~~
—
~~ICE O&S (expiring in FY2024)~~
~~3,000~~
~~3,000~~
~~1,000~~
~~ICE O&S (not expiring)~~
~~2,093~~
~~2,093~~
~~2,093~~
~~ICE Automation Modernization~~
10
10
10
~~TSA O&S~~
—
~~154,515~~
—
~~TSA O&S (not expiring)~~
—
—
~~63,591~~
~~USCG AC&I~~
~~22,600~~
~~22,600~~
~~22,600~~
~~USSS O&S~~
~~2,400~~
—
~~2,400~~
~~USSS PC&I~~
~~4,000~~
—
~~4,000~~
~~CISA PC&I~~
~~3,500~~
~~3,500~~
~~3,500~~
~~CISA R&D~~
~~2,000~~
~~2,000~~
—
~~FEMA PDM Fund~~
~~5,821~~
~~5,821~~
—
~~FLETC PC&I~~
~~800~~
~~800~~
~~800~~
~~S&T O&S~~
~~900~~
~~900~~
~~900~~
~~CWMD R&D (expiring in~~
~~389~~
~~389~~
~~389~~
~~FY2024)~~
~~CWMD (not expiring)~~
11
11
11
~~DHS CRSO (Inflation Reduction~~
—
~~312,000~~
—
~~Act) (H.R. 4367, Sec. 554)~~
~~DHS Nonrecurring Expenses~~
—
~~3,800~~
—
~~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.
Note: Abbreviations available in Appendix A. No substantive modifications were made to the rescissions on
~~the House floor.~~Department of Homeland Security Appropriations: FY2024 Provisions • The HAC-reported bill did not include this provision, while the SAC- reported bill included the provision as Section 539. • The provision was not included in the FY2024 enacted measure. Administration-proposed Additions
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~~2018.42 The Biden Administration first proposed this provision in its FY2022 budget request. The Biden Administration first proposed this provision in its FY2022 budget request.
~~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~~
~~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~~
~~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~~
~~the FY2023 act. Two of these had been included in the Administration’s request for FY2024~~ • Neither the House-passed nor Senate committee-reported bills included the provision. • The provision was not included in the FY2024 enacted measure. Other Changes43 Deletions Two general provisions were not carried forward from the FY2023 to the FY2024 enacted measure. Neither had been included in the House-passed or the Senate-reported FY2024 bill: :
• • 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.appropriations act.3644
• • FY2023 Section 521: This general provision, carried in the DHS annual This general provision, carried in the DHS annual
appropriations act since FY2010, appropriations act since FY2010,3745 barred DHS from entering into a contract if it 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 Regulation, unless it iswas authorized in statute. Modifications Other than rescissions provisions, the FY2024 measure made substantive changes to two ~~authorized in statute.~~
~~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.~~
~~Proposals for New Provisions~~
~~HAC-reported H.R. 4367 included 16 new~~ general general provisions carried forward from the FY2023 act: • FY2024 Section 503: The FY2024 measure made a modification to this general provision, which has regulated the transfer and reprogramming of DHS appropriations since the FY2004 act. Additions to subsection (d) restrict the Administration’s ability to reprogram or transfer funds between appropriations for the purpose of changing funding levels for grant programs or creating a program, project, or activity not approved by Congress in the enactment of the annual appropriations act. 42 P.L. 115-91, Div. A, Title X, Section 1077(b)(1). 43 CRS analysis of P.L. 117-328, Division F; H.R. 4367; S. 2625, and P.L. 118-47, Division C. 44 P.L. 110-161, Div. E, Section 520. 45 P.L. 111-83, Section 570. Congressional Research Service 15~~provisions that had not been included in the~~
~~FY2022 or FY2023 DHS appropriations acts. Four would provide direction to the department or~~
~~meet House procedural requirements:~~
~~• HAC Section 548: This new general provision, added in the managers’~~
~~amendment in full committee markup, would modify the authorization for the~~
~~DHS Nonrecurring Expenses Fund, which had been established in the FY2022~~
~~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~~
~~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~~
~~notification to the appropriations committees for the use of fund resources.~~
~~• HAC Section 554: This new general provision would rescind $312 million from~~
~~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’~~
~~amendment in full committee markup, would rescind $3.8 million from the DHS~~
~~Nonrecurring Expenses Fund described above.~~
~~• HAC Section 556: This new general provision, under the heading of “Spending~~
~~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~~
~~budget authority in the bill.39~~
~~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:~~
~~• Establishing a Disinformation Governance Board at DHS, or “any other entities~~
~~carrying out similar activities” related to misinformation, or supporting the~~
~~activities of “any entity responsible, directly or indirectly… for instructing,~~
~~influencing, directing, or recommending that private companies censor, prohibit,~~
~~or obstruct lawful and constitutionally protected speech of United States persons~~
~~on social media platforms” (HAC Section 540, added in an en bloc~~ Department of Homeland Security Appropriations: FY2024 Provisions • Neither the House-passed nor Senate committee-reported bills included the modification. • FY2024 Section 538: See “FY2023 Section 545” above. Additions Four non-rescissions provisions affecting DHS that had not been included in the FY2023 measure were added to the FY2024 act: • FY2024 Section 539: This new general provision would modify the authorization for the DHS Nonrecurring Expenses Fund, which had been established in the FY2022 act to help fund DHS information technology and facilities improvements through reuse of unobligated balances of expired appropriations.46 It would 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 notification to the appropriations committees for the use of fund resources. • This provision is a portion of House Section 548, which had been added in the manager’s amendment in amendment in
full committee markupfull committee markup);
~~• Requiring COVID-19 vaccinations for DHS employees (HAC Section 541);~~
~~• Administering, implementing or enforcing COVID-19 pandemic travel rules that~~
~~require noncitizen nonimmigrant arrivals to show proof of vaccination to enter~~
~~the United States.40 (HAC Section 542);~~
~~• Classifying any communication by a U.S. person as “mis-, dis-, or mal-~~
~~information” or partnering with organizations that in any way recommend that~~
~~private companies in any way censor, prohibit, or obstruct lawful and~~
~~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);~~
~~• The provision furthermore would direct the removal from federal service any~~
~~officer or employee funded by this act who carries out such actions.~~
~~• Administering, implementing, or enforcing a new rule limiting access to the~~
~~asylum process for certain migrants (HAC Section 544);~~
~~• Implementing, administering, enforcing, or carrying out the DHS Equity Action~~
~~Plan, two executive orders related to advancing racial equity and support for~~
~~underserved communities, one Executive order related to diversity, equity,~~
~~inclusion, and accessibility in the federal workforce, or “any program, project or~~
~~activity that promotes or advances Critical Race Theory or any concept~~
~~associated with Critical Race Theory” (HAC Section 545);~~
~~• 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~~
~~(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~~
~~period (HAC Section 549);~~
~~• Inspecting a contracted ICE detention facility for any reason other than~~
~~compliance with the National Detention Standards of 2019 (HAC Section 550,~~
~~added in an en bloc amendment in full committee markup);~~
~~• Admitting Chilean nationals until DHS gets access to screen Chilean nationals~~
~~against appropriate Chilean criminal databases (HAC Section 551, added in an en~~
~~bloc amendment in full committee markup); and~~
~~• 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~~
~~(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~~
~~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~~
~~obligated, and (2) “to prepare for or defend against impeachment.”~~
~~House 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-~~
~~reported bill. As noted above, the SAC-reported bill did not include the Administration’s~~
~~proposed new general provision.~~
~~Provisions Not Included~~
~~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~~
~~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~~
~~Senate committee-reported bill, as described above: Sections 530, 540, 541, 542, 543, 546, and~~
~~549.~~
~~Substantive Changes~~
~~SAC-reported S. 2625 would make substantive changes to one provision that had been included~~
~~in the FY2023 act, aside from the rescissions provision:~~
~~• FY2023 Section 545 / S. 2625 Section 538: This general provision, which first~~
~~appeared in the FY2023 act, required the Secretary to develop and share~~
~~bimonthly estimates on noncitizens anticipated to arrive at the U.S.-Mexico~~
~~border, and use those estimates to inform policymaking and budget processes.~~
~~The SAC-reported bill specifies that the estimates be used for budget materials~~
~~submitted to Congress not only for annual appropriations (as originally required),~~
~~but also for supplemental appropriations requests and reprogramming and~~
~~transfer notifications.~~
~~Proposals for New Provisions~~
~~SAC-reported S. 2625 included five new general provisions that had not been included in~~
~~FY2022 or FY2023 DHS appropriations acts:~~
~~• SAC Section 540: This general provision would require the President to~~
~~designate all emergency-designated funding in the bill as emergency~~
~~requirements in order for the funding to be available for obligation. Similar~~
~~provisions have appeared in emergency supplemental appropriations measures,~~
~~such as the Emergency Security Supplemental Appropriations Act, 2021.42~~
~~• SAC Section 541: This general provision would extend the authority for DHS to~~
~~conduct pilot programs for employment eligibility confirmation (such as E-~~
~~Verify) through FY2024. Similar extensions have been provided in previous~~
~~consolidated measures, including Division O of the Consolidated Appropriations~~
~~Act, 2023.43~~
~~• SAC Section 542: This general provision would extend the availability of special~~
~~immigrant status for certain non-ministerial religious workers. Similar extensions~~
~~have been provided in previous consolidated measures, including Division O of~~
~~the Consolidated Appropriations Act, 2023.44~~

~~42 P.L. 117-31, Section 606.~~
~~43 P.L. 117-328, Div. O, Section 301.~~
~~44 P.L. 117-328, Div. O, Section 302.~~
~~Congressional Research Service~~

21. • No similar provision was included in the Senate-reported bill. • FY2024 Section 540: This new general provision requires the Secretary of Homeland Security to make an alternatives analysis and a cost-benefit analysis before requesting assistance from the Department of Defense for border security operations, and a report to the appropriations committees on the same. It also requires quarterly reports on the assistance provided and operational impacts. • FY2024 Section 541: This new general provision allows Operations and Support appropriations to DHS components to be used for necessary expenses of providing an employee emergency back-up care program. • FY2024 Section 542: This new general provision directs the transfer of not less than $5 million in FY2024 DHS appropriations to ICE operations and support for the Blue Campaign—DHS’s public awareness campaign on human trafficking—for FY2024. Added Provisions Unrelated to DHS Four other new general provisions were added to provide corrections for measures in P.L. 118-42 and P.L. 117-328. FY2024 Section 548 corrects a subappropriation in Division E, and Sections 549-551 make corrections to Community Project Funding / Congressionally Directed Spending projects in P.L. 118-42, Division F and P.L. 117-328, Division L. Rescission Provisions (and Others Reducing the Score of the Act) Five separate general provisions are included in the FY2024 appropriations measure that reduce the overall discretionary “score” of the act, compared to two in FY2023. In all, these provisions reduced the overall discretionary score of the FY2024 act by almost $1.7 billion. By comparison, the FY2023 act had $394 million in rescissions. 46 P.L. 107-103, Div. F, Section 538. Congressional Research Service 16 link to page 21 Department of Homeland Security Appropriations: FY2024 Provisions The Administration proposed one such general provision, canceling $56 million in current unobligated appropriations from previously provided appropriations in 18 different DHS accounts. A parallel provision in the FY2024 act rescinds $239 million from 22 different DHS accounts. Table 2 includes a comparison of the rescission proposal made by the Administration in March 2023, passed by the House in September 2023, made by the Senate Appropriations Committee in July 2023, and ultimately enacted in March 2024 as FY2024 Section 543. Table 2. FY2024 DHS Rescission Proposals (Thousands of dollars of discretionary budget authority) House-passed SAC-Reported P.L. 118-47, H.R. 4367, S. 2625, Div. C, Designation Request Sec. 553 Sec. 545 Sec. 543 OSEM O&S 800 800 — 800 Management Directorate 4,100 4,100 — 4,100 CBP PC&I 1,473 1,473 1,473 1,473 CBP BSFIT 1,842 1,842 1,842 1,842 CBP Air and Marine Interdiction 452 452 452 450 CBP PC&I FY2020 — 1,159,000 — — CBP PC&I FY2021 — 945,000 — — ICE O&S (expiring in FY2024) 3,000 3,000 1,000 3,000 ICE O&S (not expiring) 2,093 2,093 2,093 782 ICE Automation Modernization 10 10 10 10 TSA O&S — 154,515 — — TSA O&S (not expiring) — — 63,591 — USCG AC&I 22,600 22,600 22,600 22,600 USCG PC&I — — — 150,000 USSS O&S 2,400 — 2,400 2,400 USSS PC&I 4,000 — 4,000 4,000 CISA PC&I 3,500 3,500 3,500 3,500 CISA R&D 2,000 2,000 — 2,000 FEMA PDM Fund 5,821 5,821 — 5,821 USCIS O&S — — — 40 FLETC PC&I 800 800 800 47 S&T O&S 900 900 900 900 CWMD R&D (expiring in 389 389 389 2,000 FY2024) CWMD PC&I (expiring in — — — 2,900 FY2024) CWMD PC&I (expiring in — — — 19,700 FY2025) Congressional Research Service 17 link to page 24 Department of Homeland Security Appropriations: FY2024 Provisions House-passed SAC-Reported P.L. 118-47, H.R. 4367, S. 2625, Div. C, Designation Request Sec. 553 Sec. 545 Sec. 543 CWMD R&D (expiring in — — — 11,208 FY2024) CWMD (not expiring) 11 11 11 11 Total Rescissions 56,191 2,308,306 105,061 238,802 Source: CRS analysis of H.Rept. 118-123, S.Rept. 118-72, and P.L. 118-47. Note: Abbreviations available in Appendix A. Two more enacted provisions rescinded DHS resources to offset the overall discretionary cost of the FY2024 act: • FY2024 Section 544: This general provision, unrequested by the administration, but similar to ones provided in FY2023 and in previous years, rescinds unobligated Operations and Support appropriations from DHS components that were renewed under Section 505. That section allows components to continue to use 50% of unobligated Operations and Support appropriations from the previous fiscal year, which would otherwise have expired. FY2024 Section 544 rescinded $56 million from 13 components. The FY2023 version of the provision rescinded $46 million from 12 components. • FY2024 Section 545: This new general provision rescinds $0.7 million from the DHS Nonrecurring Expenses Fund. As noted above, the fund was established in the FY2022 act as a means of funding DHS information technology and facilities improvements through expired appropriations. Although this is the first rescission from the DHS instance of such a fund, rescissions from similar funds in other departments are not uncommon. Two other new enacted provisions used rescissions from other departments and transfers to accomplish the same kind of reduction: • FY2024 Section 546: This new general provision rescinds funds provided in four separate measures for other departments, and directs that two DHS appropriations be partially funded from unobligated balances in other accounts, rather than the general fund of the treasury, from which most other appropriations are drawn. Rescissions included: • $30 million from an emergency capital investment fund for neighborhoods impacted by the COVID-19 pandemic. • $88 million from the Department of Health and Human Services Nonrecurring Expenses Fund. • $239 million from supplemental appropriations provided in the American Rescue Plan Act (P.L. 117-2) for: • various vaccine, testing, treatment, and mitigation activities for COVID- 19 and other emerging infectious diseases; • support of the public health workforce; • acquisition of emergency medical supplies under the Defense Production Act; and Congressional Research Service 18 Department of Homeland Security Appropriations: FY2024 Provisions • funding for health care providers for medical services and lost revenues related to COVID-19. • $75 million from the Department of Justice Working Capital Fund. $320 million of the U.S. Secret Service Operations and Support appropriation was to be funded from the Presidential Election Campaign Fund, and $364 million in the FEMA Federal Assistance appropriations was to be derived from a transfer from unobligated FEMA grant funding in the Infrastructure Investment and Jobs Act (IIJA) for dam safety grants. • FY2024 Section 547: This new general provision rescinds $287 million from Department of Education rehabilitation services provided in Division D of P.L. 118-47. Congressional Research Service 19

~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~• SAC Section 543: This general provision would provide authority for an increase~~
~~in the number of H-2B visas available under certain conditions. Similar~~
~~extensions have been provided in previous consolidated measures, including~~
~~Division O of the Consolidated Appropriations Act, 2023.45~~
~~• SAC Section 544: This general provision would extend through FY2024 the~~
~~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~~
~~medical professionals for at least three years. Similar extensions have been~~
~~provided in previous consolidated measures, including Division O of the~~
~~Consolidated Appropriations Act, 2023.46~~

~~45 P.L. 117-328, Div. O, Section 303.~~
~~46 P.L. 117-328, Div. O, Section 304.~~
~~Congressional Research Service~~

22

Department of Homeland Security Appropriations: FY2024 Provisions

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

Congressional Research Service Congressional Research Service

2320 Department of Homeland Security Appropriations: FY2024 Provisions Appendix B. Changes to Appropriations Language in P.L. 118-47 Occasionally, the language of the appropriations changes, either for technical reasons, or to reinforce a message to an agency. From FY2023 to FY2024, a handful of such changes were made: • In CBP and ICE Operations and Support appropriations, provisions that incurred a withholding of $5 million from the Executive Leadership and Oversight program until certain reports were submitted to the appropriations committee were not included in the FY2024 enacted measure. • In CBP’s Operations and Support appropriation, language specifically including “facility improvements and construction” in the allowable uses of Shelter and Services Program grant funding was not included in the FY2024 measure. • In FEMA’s Federal Assistance appropriation, new citations were made for the Nonprofit Security Grant Program (reflecting its new authorization) and Congressionally Directed Spending / Community Project Funding. In addition, a separate subappropriation was no longer made for management and administration costs of those particular grants. • In FEMA’s Disaster Relief Fund appropriation, a new citation was used for the allowable adjustment for disaster relief, reflecting the new budget legislation. Congressional Research Service 21 Department of Homeland Security Appropriations: FY2024 Provisions Appendix C

~~Department of Homeland Security Appropriations: FY2024 Provisions~~

~~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 differently. New Within the first four titles, however, component appropriations were structured differently. New
components, like DHS headquarters and management functions, and the U.S. Visitor and components, like DHS headquarters and management functions, and the U.S. Visitor and
Immigrant Status Indicator Technology project received single appropriations. Others, like the Immigrant Status Indicator Technology project received single appropriations. Others, like the
U.S. Coast Guard, received appropriations in structures paralleling what they had received in U.S. Coast Guard, received appropriations in structures paralleling what they had received in
FY2003. New major components—U.S. Customs and Border Protection and Immigration and FY2003. New major components—U.S. Customs and Border Protection and Immigration and
Customs Enforcement—generally followed the structure of legacy Customs Service Customs Enforcement—generally followed the structure of legacy Customs Service
appropriations. appropriations.
Congressional Research Service Congressional Research Service

2422

Department of Homeland Security Appropriations: FY2024 Provisions

These appropriations included direction to the individual components through provisos within the These appropriations included direction to the individual components through provisos within the
statement of appropriations themselves, rather than as administrative or general provisions. Some statement of appropriations themselves, rather than as administrative or general provisions. Some
of these were statutory directions to use certain amounts for certain activities, such as facilities of these were statutory directions to use certain amounts for certain activities, such as facilities
improvements, while others were prohibitions on the use of funds, such as prohibitions on improvements, while others were prohibitions on the use of funds, such as prohibitions on
construction of border checkpoints. Some appropriations were withheld until certain conditions construction of border checkpoints. Some appropriations were withheld until certain conditions
were met, such as providing a spend plan to the appropriations committees that met certain were met, such as providing a spend plan to the appropriations committees that met certain
parameters. Administrative provisions were included in some appropriations measures at the time, parameters. Administrative provisions were included in some appropriations measures at the time,
often providing direction across multiple appropriations, but no such provisions appeared in the often providing direction across multiple appropriations, but no such provisions appeared in the
initial DHS appropriations act. initial DHS appropriations act.
In what was standard practice for the time, rescissions, or cancellation of previously appropriated In what was standard practice for the time, rescissions, or cancellation of previously appropriated
budget authority, were included immediately after the statement of appropriations for the target budget authority, were included immediately after the statement of appropriations for the target
account. 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 ( the fiscal year unless the bill specifically provides for it (~~FY2023~~FY2024 Section 501); 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 (accounts (~~FY2023~~FY2024 Section 502); 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 of budget authority in the bill (a modified version continued as ~~FY2023~~FY2024 Section 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 (in the following fiscal year (~~FY2023~~FY2024 Section 505); 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 modified version continued as ~~FY2023~~FY2024 Section 506); Section 506);
• • FY2004 Section 510—Requires advance notice of grant awards (an expanded version continued as FY2024 Section 507); • 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 (of the appropriations committees (~~FY2023~~FY2024 Section 508); Section 508);
• • FY2004 Section 516—Requires certain construction projects to have an —Requires certain construction projects to have an
approved prospectus to be funded ( approved prospectus to be funded (~~FY2023~~FY2024 Section 509); and 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 Buy American Act (a modified version continued as ~~FY2023~~FY2024 Section 511) ~~Section 512).~~
~~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~~. .
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.
Congressional Research Service Congressional Research Service

2523

Department of Homeland Security Appropriations: FY2024 Provisions

• • 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”provided”~~47;~~;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.
Congressional Research Service Congressional Research Service

2624

Department of Homeland Security Appropriations: FY2024 Provisions

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 and
• • 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 ( Oath of Allegiance (~~FY2023~~FY2024 Section Section ~~513~~512); );
• • 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 USCIS (a modified version appears in the ~~FY2023~~FY2024 act as Section 402); 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.
Congressional Research Service Congressional Research Service

2725

Department of Homeland Security Appropriations: FY2024 Provisions

• • FY2008 ~~Section 520~~~~—Blocked employees from serving as a contracting~~
~~officer’s technical representative (COTR) or in a similar role if they have not~~
~~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 modified version appears in the ~~FY2023~~FY2024 act as Section 102); act as Section 102);
• • FY2008 Section 529—Classifies FLETC instructor staff positions as inherently —Classifies FLETC instructor staff positions as inherently
governmental functions ( governmental functions (~~FY2023~~FY2024 Section 407); 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 modified version appears in the ~~FY2023~~FY2024 act as Section act as Section ~~229~~225); );
• • 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~~FY2024 act as Section 101, requiring reporting on such contract awards); 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 version appears in the ~~FY2023~~FY2024 act as Section act as Section ~~533~~530); );
• • 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 ( Department under Section 872 of the Homeland Security Act (~~FY2023~~FY2024 Section Section
~~514~~513); );
• • 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~~FY2024 act as Section act as Section ~~227~~223); );
• • 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 ( National Vessel Documentation Center (~~FY2023~~FY2024 Section Section ~~228~~224); );
• • 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 ( importing certain prescription drugs for their personal use (~~FY2023~~FY2024 Section Section ~~201~~205); );
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” ( or developing a national identification card” (~~FY2023~~FY2024 Section Section ~~515~~514). ).
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
comparisons between programs, and complicated spending decisions and other managerial decision-making.”51 51 Office of the Chief Financial Officer, A Common Appropriations Structure for DHS: FY2016 Crosswalk, U.S. Department of Homeland Security, February 2, 2015, p. 2. Congressional Research Service 26 ~~Congressional Research Service~~

28

link to page link to page 3231 Department of Homeland Security Appropriations: FY2024 Provisions

~~comparisons between programs, and complicated spending decisions and other managerial~~
~~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 BC-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 BC-1. Tally of General and Administrative Provisions, ~~FY2014-FY2023~~FY2015-FY2024
(Annual appropriations measures) (Annual appropriations measures)
General

Provisions
Administrative Provisions
Fiscal Year
Title V
Title I
Title II
Title III
Title IV
Total
~~2014~~
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 2024 51 6 31 11 7 106
Source: CRS analysis of enacted DHS appropriations. CRS analysis of enacted DHS appropriations.
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 William L. Painter

Specialist in Homeland Security and Appropriations Specialist in Homeland Security and Appropriations

~~51 Office of the Chief Financial Officer, A Common Appropriations Structure for DHS: FY2016 Crosswalk, U.S.~~
~~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.
Congressional Research Service Congressional Research Service

2927

Department of Homeland Security Appropriations: FY2024 Provisions

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

Congressional Research Service Congressional Research Service
R47663 R47663 · VERSION 46 · UPDATED
3028