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Department of Homeland Security Appropriations: FY2025 Provisions

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Department of Homeland Security
June 28, 2024
Appropriations: FY2025 Provisions
William L. Painter

Department of Homeland Security Appropriations: FY2025 Provisions

Updated April 18, 2025 (R48126) Jump to Main Text of Report

Contents

Summary

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
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
authority can (or cannot) be used. Sometimes enacted appropriations measures include authority can (or cannot) be used. Sometimes enacted appropriations measures include
Appropriations
authorizing (or authorizing (or “legislative”"legislative") provisions as well.) 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;in the language of individual appropriations;
2. in administrative provisions at the end of a title; andin 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).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 administrative and general provisions in the developing Department of Homeland Rather than reciting the entire catalog of administrative and general provisions in the developing Department of Homeland
Security (DHS) Appropriations Act, 2025, this report focuses on the substantive changes in directions provided from FY2024 Security (DHS) Appropriations Act, 2025, this report focuses on the substantive changes in directions provided from FY2024
to FY2025to FY2025. It notes as a result of the enactment of P.L. 119-4, the Full-Year Continuing Appropriations and Extensions Act, 2025. It also includes, for historical reference, a discussion of changes from the provisions in the DHS appropriations acts for FY2023 and FY2024, changes from the provisions in the DHS appropriations acts for FY2023 and FY2024, as reflected inreflected in
• the detailed proposals for administrative and general provisions made in the the detailed proposals for administrative and general provisions made in the Administration’Biden Administration's FY2025 s FY2025
appropriations request for DHS (although it should be noted that the request was made before the FY2024 appropriations request for DHS (although it should be noted that the request was made before the FY2024
provisions were finalized); andprovisions were finalized); and
• the administrative and general provisions in House-passed the administrative and general provisions in House-passed H.R. 8752.

Introduction

Through appropriations legislation, Congress provides not only budget authority for federal agencies and departments to operate, but also legally binding direction on how that budget authority can (or cannot) be used. Sometimes enacted appropriations measures include authorizing (or "legislative") provisions as well.

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

  • in the language of individual appropriations;
  • in administrative provisions at the end of a title; and
  • in general provisions at the end of a bill (or division, in the case of a consolidated measure).

Some of these directions directly relate to the management of budget authority enacted in the measure, while others relate to policy or operational matters. As with any facet of legislation, these provisions are not constant. Due to the passage of time or other legislative developments, a provision may require adjustment or lose its relevance. Provisions are also a focus of negotiations between the parties and between the chambers during the appropriations process, so provisions typically 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 on the administrative and general provisions considered in the course of the FY2025 appropriations process for the Department of Homeland Security (DHS). It begins with a discussion of the effect of the full-year continuing resolution on the terms, conditions, and directions provided by Congress on DHS in the appropriations process. It then includes, for historical reference, descriptions of the substantive differences between the administrative and general provisions from those enacted in FY2023 and FY2024, as reflected in the Biden Administration's FY2025 budget request for DHS, and in the House-passed FY2025 DHS appropriations bill.1

What to Ask for When You Don't Know What You Have

The FY2024 administrative and general provisions for DHS were finalized in P.L. 118-47, which was enacted 12 days after the FY2025 request was made. This is the fourth time (of 22 budget cycles) that the DHS appropriations request has preceded the finalization of the of annual appropriations for the current fiscal year. In this situation, the developmental baselines for the provisions in the request before Congress (FY2025) relied on the enacted provisions from the most recently concluded fiscal year (FY2023) and the requested provisions for the current fiscal year (FY2024), rather than the enacted provisions for the current fiscal year.

Full-Year Continuing Resolutions and DHS Appropriations Provisions

On March 15, 2025, President Trump signed the Full-Year Continuing Appropriations Act (P.L. 119-4, Division A) into law. This was the second fiscal year in DHS's history for which its appropriations were provided under the terms of a continuing resolution (CR) for the entire year—the first being FY2011.

Under a full-year continuing resolution, there is no conference report to provide direction to the department. Instead, the language of the measure is the sole set of instructions provided. In the first section of a CR, Congress typically directs that funding be provided at the same level, under the same authorities, and under the same conditions as were being provided in the specified annual appropriations measures and other legislation indicated.2 Later sections of the measure provide specific exceptions to that guidance. Absent those specific changes, the appropriations provisos, administrative provisions, and general provisions from those baseline measures remain in effect.

DHS and the Full-Year Continuing Resolution

The baseline for DHS's continuing appropriations in P.L. 119-4, Title I, is the Department of Homeland Security Appropriations Act, 2024 (Division C of the Further Consolidated Appropriations Act, 2024; P.L. 118-47), with the exception of the last four general provisions, and including four provisions from P.L. 118-47, Division G. P.L. 119-4, Title VII, makes several changes to that baseline.

Some of these changes are beyond the scope of matters typically discussed in this report. Section 1701 makes changes to appropriations levels for several accounts from the baseline levels. Section 1702 and 1703 address U.S. Coast Guard (USCG) matters beyond the scope of the bill, and Section 1709 extends the National Flood Insurance Program. These last three sections were all included in previous short-term continuing resolutions, rather than the baseline bill. As P.L. 119-4 is a new full-year continuing resolution, rather than an extension of the interim continuing resolution laid out in P.L. 118-83, any anomalies from the interim CRs that Congress wished to retain had to be repeated in the new measure.

Sections Affecting DHS Provisions
  • Section 1704: This section makes changes to a limitation on U.S. Secret Service (USSS) "excess" premium pay. The limitation is a proviso within the USSS Operations and Support appropriation that allows USSS to use a limited amount of its funding to provide premium pay over and above statutory limits that would otherwise apply for protective duties. This authority was provided by P.L. 114-311, the Overtime Pay for Protective Services Act of 2016, and extended through 2028.3 The provision allows this to continue for pay incurred in calendar year 2024, and increases the limit from $24 million to $35 million.
  • Section 1705: This section "turns off" Section 227 from the FY2024 act (P.L. 118-47). FY2024 Section 227 had been included as an administrative provision since FY2022,4 restricting the USCG from charging a fee for inspecting certain towing vessels until certain conditions were met.5
Rescission and Offset Provisions

In setting the baseline as the FY2024 bill, Section 1101(a)(6) of P.L. 119-4 specifically leaves out Sections 543 through 546, which were provisions including rescissions and offsets from specific measures and sources that offset the discretionary cost of the act. Sections 1706 through 1708 of P.L. 119-4 have a similar offsetting purpose.

  • Section 1706: Similar to FY2024 Section 544, Section 1706 rescinds $30 million in unobligated operations and support funds provided by the FY2024 DHS Appropriations Act from ten DHS components.
  • Section 1707: Similar to FY2024 Section 545, Section 1707 rescinds $133 million from the DHS Nonrecurring Expenses Fund. The fund was established by Section 538 of the FY2022 DHS Appropriations Act to receive unobligated appropriations up to five years after their expiration, and use those to fund information technology improvements and facilities infrastructure improvements for DHS. Rescissions from the fund have been used in the past to offset the discretionary cost of the DHS appropriations bill.
  • Section 1708: Similar to FY2024 Section 546(f)(1), Section 1708 offsets $115 million of FEMA's Federal Assistance appropriation by deriving it from unobligated balances of dam safety grants provided under P.L. 117-58, the Infrastructure Investment and Jobs Act.
Requested and House-Passed Changes to DHS Appropriations Provisions for FY2025 Scope

This portion of the report focuses on administrative and general provisions included in

H.R. 8752.



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Contents
Introduction ..................................................................................................................................... 1
Scope ......................................................................................................................................... 2
Structure .................................................................................................................................... 2
Security, Enforcement, and Investigations Administrative Provisions (Title II) ............................. 2
Administration-proposed Changes ............................................................................................ 3
Administration-proposed Deletions .................................................................................... 3
Administration-proposed Modifications ............................................................................. 4
Administration-proposed Additions .................................................................................... 4
House Appropriations Committee-proposed Changes .............................................................. 5
House Appropriations Committee-proposed Deletions ...................................................... 5
House Appropriations Committee-proposed Modifications ............................................... 6
House Appropriations Committee-proposed Additions ...................................................... 6
House Floor Action ............................................................................................................. 8
Protection, Preparedness, Response, and Recovery Administrative Provisions (Title III) .............. 9
Administration-Proposed Changes ............................................................................................ 9
Administration-proposed Modifications ............................................................................. 9
Administration-proposed Additions .................................................................................... 9
House Appropriations Committee-proposed Changes ............................................................ 10
Research, Development, Training, and Services Administrative Provisions (Title IV) ................ 10
Administration-Proposed Changes .......................................................................................... 10
Administration-proposed Additions .................................................................................. 10
House Appropriations Committee-proposed Changes ............................................................ 10
House Appropriations Committee-proposed Additions ..................................................... 11
House Floor Action ............................................................................................................ 11
Departmental Management, Intelligence, Situational Awareness and Oversight
Administrative Provisions (Title I) ............................................................................................. 12
Administration-Proposed Changes .......................................................................................... 12
Administration-proposed Deletions .................................................................................. 12
Administration-proposed Additions .................................................................................. 13
House Appropriations Committee-proposed Changes ............................................................ 13
General Provisions (Title V) .......................................................................................................... 13
Administration-Proposed Changes .......................................................................................... 14
Administration-proposed Deletions .................................................................................. 14
Administration-Proposed Modifications ........................................................................... 15
Administration-proposed Additions .................................................................................. 16
House Appropriations Committee-proposed Changes ............................................................ 16
House Appropriations Committee-proposed Additions .................................................... 17
House Floor Action ........................................................................................................... 18
Rescission Provisions (and Others Reducing the Score of the Act) ........................................ 19

Tables
Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions ................................ 6

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Table B-1. Tally of General and Administrative Provisions, FY2015-FY2024 ............................ 27

Appendixes
Appendix A. Glossary of Abbreviations ........................................................................................ 21
Appendix B. Evolution of Administrative and General Provisions in the DHS
Appropriations Act ..................................................................................................................... 22

Contacts
Author Information ........................................................................................................................ 27

Congressional Research Service
Department of Homeland Security Appropriations: FY2025 Provisions

Introduction
Through appropriations legislation, Congress provides not only budget authority for federal
agencies and departments to operate, but also legally binding direction on how that budget
authority can (or cannot) be used. Sometimes enacted appropriations measures include
authorizing (or “legislative”) provisions as well.
These directions may appear in three places in an appropriations act:
• in the language of individual appropriations;
• in administrative provisions at the end of a title; and
• in general provisions at the end of a bill (or division, in the case of a consolidated
measure).
Some of these directions directly relate to the management of budget authority enacted in the
measure, while others relate to policy or operational matters. As with any facet of legislation,
these provisions are not constant. Due to the passage of time or other legislative developments, a
provision may require adjustment or lose its relevance. Provisions are also a focus of negotiations
between the parties and between the chambers during the appropriations process, so provisions
typically 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
on these administrative and general provisions under consideration in the FY2025 appropriations
process for the Department of Homeland Security (DHS). It describes the substantive differences
between the administrative and general provisions from those enacted in FY2023 and FY2024, as
reflected in the Administration’s FY2025 budget request for DHS, and in the House-passed
FY2025 DHS appropriations bill.
What to Ask for When You Don’t Know What You Have
The FY2024 general and administrative provisions for DHS were finalized in P.L. 118-47, which was enacted 12
days after the FY2025 request was made. This is the fourth time (of 22 budget cycles) that the DHS
appropriations request has preceded the finalization of the of annual appropriations for the current fiscal year. In
this situation, the developmental baselines for the provisions in the request before Congress (FY2025) relied on
the enacted provisions from the most recently concluded fiscal year (FY2023) and the requested provisions for
the current fiscal year (FY2024), rather than the enacted provisions for the current fiscal year.
• For more information on the President’s DHS budget request for FY2025, see
CRS Report R48074, DHS Budget Request Analysis: FY2025, by William L.
Painter.
• For more information on the funding levels proposed in the DHS appropriations
measures for FY2025, see CRS Report R48115, Comparing DHS Component
Funding, FY2025: In Brief, by William L. Painter.
• For more information on the administrative and general provisions in the FY2024
DHS appropriations act, see CRS Report R47663, Department of Homeland
Security Appropriations: FY2024 Provisions, by William L. Painter.
• For more information on the current status of DHS appropriations for the current
fiscal year (FY2024), see CRS Report R47688, Department of Homeland
Security Appropriations: FY2024 State of Play, by William L. Painter.
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Department of Homeland Security Appropriations: FY2025 Provisions

• For information on DHS structure, component missions, and longer-term staffing
and funding history, see CRS Report R47446, The Department of Homeland
Security: A Primer, by William L. Painter.
Scope
This report focuses on administrative and general provisions included in:
• the detailed proposals for administrative and general provisions made in the
Administration’the detailed proposals for administrative and general provisions made in the Biden Administration's FY2025 appropriations request for DHS; ands FY2025 appropriations request for DHS; and
• the administrative and general provisions in House-passed H.R. 8752the administrative and general provisions in House-passed H.R. 8752.
from the 118th Congress (hereinafter referred to simply as "H.R. 8752").Rather than listing all the administrative and general provisions in those proposals, this report Rather than listing all the administrative and general provisions in those proposals, this report
generally uses the administrative and general provisions of the enacted DHS appropriations acts generally uses the administrative and general provisions of the enacted DHS appropriations acts
for FY2023 and FY2024 as the bases for comparison. This allows the report to illuminate the for FY2023 and FY2024 as the bases for comparison. This allows the report to illuminate the
nature of certain shifts from what was current law when the request was made, as well as the nature of certain shifts from what was current law when the request was made, as well as the
current law as of the date of publication.
Structure
law when the House considered the measure. Structure For each title of the bill, the report provides a list of the components funded therein. This is For each title of the bill, the report provides a list of the components funded therein. This is
followed by sections analyzing the followed by sections analyzing the Biden AdministrationAdministration’'s request for FY2025, and the House s request for FY2025, and the House
Appropriations Committee-reported response. Subsections describe proposals to not include Appropriations Committee-reported response. Subsections describe proposals to not include
prior-year provisions, substantive prior-year provisions, substantive changes1changes6 to current provisions (those enacted for FY2023 or to current provisions (those enacted for FY2023 or
FY2024), and new provisions added for FY2025.FY2024), and new provisions added for FY2025.
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 FY2024 act are referred to as sections of the FY2024 act are referred to as “"FY2024 Sections,FY2024 Sections,”" and those of H.R. 8752 are and those of H.R. 8752 are
referred to as referred to as “"House Sections.House Sections.”
" Appendices include a glossary of abbreviations and a brief discussion of the longer-term history Appendices include a glossary of abbreviations and a brief discussion of the longer-term history
of the general and administrative provisions in the DHS appropriations act.of the general and administrative provisions in the DHS appropriations act.
Security, Enforcement, and Investigations
Administrative Provisions (Title II)
Title II of annual DHS appropriations measures typically covers appropriations forTitle II of 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); andU.S. Coast Guard (USCG); and
•
  • U.S. Secret Service (USSS).
    • Administration-proposed Changes7 The Biden     U.S. Secret Service (USSS).

    1 Those that would alter the practical effects of such provisions from that year.
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    Administration-proposed Changes2
    The Administration proposed 33 administrative provisions for Title II of the FY2025 Act. Title II Administration proposed 33 administrative provisions for Title II of the FY2025 Act. Title II
    of the FY2024 act, passed two weeks later, ultimately included 31.of the FY2024 act, passed two weeks later, ultimately included 31.38 The FY2025 request did not The FY2025 request did not
    include two provisions that had been carried in recent DHS Appropriations Acts, proposed include two provisions that had been carried in recent DHS Appropriations Acts, proposed
    modifying two others compared to their modifying two others compared to their current4current9 versions, and would add two new provisions. versions, and would add two new provisions.5
    10 Administration-proposed Deletions
    • FY2024 Section 211: Included since FY2018 in annual appropriations,Included since FY2018 in annual appropriations,611 this this
    administrative provision delimited the use of part of CBPadministrative provision delimited the use of part of CBP’'s Procurement, s Procurement,
    Construction, and Improvements appropriation.Construction, and Improvements appropriation.
    • The House-passed bill included this provision as HAC Section 211. Changes The House-passed bill included this provision as HAC Section 211. Changes
    are described in the are described in the “"House Appropriations Committee-Proposed House Appropriations Committee-Proposed
    Modifications”Modifications" subsection below. subsection below.
    • FY2024 Section 227: Included since FY2022, Included since FY2022,712 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.8
    • 13 The House-passed bill did not include this provision.The House-passed bill did not include this provision.
    The following provision was not included in the FY2025 request, but had yet to be enacted prior The following provision was not included in the FY2025 request, but had yet to be enacted prior
    to the release of the request:to the release of the request:
    • FY2024 Section 217: This administrative provision (new in FY2024) required This administrative provision (new in FY2024) required
    the ICE Chief Financial Officer to submit to the appropriations committees an the ICE Chief Financial Officer to submit to the appropriations committees an
    obligation plan for the component within 45 days of enactment.obligation plan for the component within 45 days of enactment.
    •
  • The House-passed bill included this provision as HAC Section 229.
    • Administration-proposed Modifications The Biden     The House-passed bill included this provision as HAC Section 229.

    2 CRS analysis of Office of Management and Budget, Fiscal Year 2025 Budget of the U.S. Government: Appendix,
    March 11, 2024, pp. 498-499, https://www.govinfo.gov/content/pkg/BUDGET-2025-APP/pdf/BUDGET-2025-
    APP.pdf (hereinafter, FY2025 Appendix); P.L. 117-328, Division F; P.L. 118-47, Division C; and House
    Appropriations Committee (HAC)-reported H.R. 8752.
    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 In this context, “current” describes provisions that were enacted in functionally congruent forms in FY2023 (the most
    recent enacted version of the provision available at the time the FY2025 budget request was prepared) and FY2024 (the
    appropriations measure in force during consideration of the Administration’s FY2025 request).
    5 FY2025 Appendix, pp. 498-499.
    6 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
    account (131 Stat. 433).
    7 P.L. 107-103, Div. F, Section 231.
    8 P.L. 115-282.
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    Administration-proposed Modifications
    The Administration proposed modifying two current administrative provisions in its request for Administration proposed modifying two current administrative provisions in its request for
    FY2025:FY2025:
    • FY2024 Section 220: Included since FY2020, this provision required the Administrator Included since FY2020, this provision required the Administrator
    of the TSA to submit to certain congressional committees a single report that fulfils the 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 requirements of a Capital Investment Plan, a five-year technology investment plan, and
    an Advanced Integrated Passenger Screening Technologies report. The an Advanced Integrated Passenger Screening Technologies report. The Biden Administration 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 Investment Plan in the FY2023 act that required it to be “"both constrained and both constrained and
    unconstrained.unconstrained.”9
    "14 FY2024 Section 222: Included since FY2015, when it appeared as a provision within the U.S. Included since FY2015, when it appeared as a provision within the U.S.
    Coast Guard Acquisition, Construction, and Improvements appropriation, this administrative Coast Guard Acquisition, Construction, and Improvements appropriation, this administrative
    provision requires the Coast Guard to submit a future-year capital investment plan. The provision requires the Coast Guard to submit a future-year capital investment plan. The
    parameters for that plan have been carried forward by reference since. The parameters for that plan have been carried forward by reference since. The Biden Administration Administration
    proposed changing the reference from P.L. 114-4 to 14 U.S.C. 5102, which is the statutory proposed changing the reference from P.L. 114-4 to 14 U.S.C. 5102, which is the statutory
    requirement for a Coast Guard capital investment plan mandated by the authorizing committees. requirement for a Coast Guard capital investment plan mandated by the authorizing committees.
    That plan, while is similar in many respects, differs in some parameters and has a different That plan, while is similar in many respects, differs in some parameters and has a different
    timetable for production.timetable for production.
    The House-passed bill included neither of these modifications.The House-passed bill included neither of these modifications.
    TheThe Biden Administration also proposed continuing a provision from FY2023 that the FY2024 act later Administration also proposed continuing a provision from FY2023 that the FY2024 act later
    modified:modified:
    • FY2024 Section 218: This provision, first carried as a proviso in the TSA This provision, first carried as a proviso in the TSA
    Aviation Security appropriation in FY2006, blocked certain senior government Aviation Security appropriation in FY2006, blocked certain senior government
    officials from being exempted from passenger and baggage screening. In the 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 FY2024 measure, it was modified to add a subsection barring the use of funds to
    carry out legislation modifying those passenger and screening requirements.carry out legislation modifying those passenger and screening requirements.
    • The House-passed bill included the modified provision as HAC Section 234.The House-passed bill included the modified provision as HAC Section 234.
    Administration-proposed Additions
    The The Biden Administration also proposed two new provisions, both of which had been proposed in Administration also proposed two new provisions, both of which had been proposed in
    similar form for FY2023 and FY2024 requests, yet had not been included by Congress in either similar form for FY2023 and FY2024 requests, yet had not been included by Congress in either
    enacted annual appropriations measure:enacted annual appropriations measure:
    • 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 FY2021 for other specified Construction, and Improvement appropriations from FY2021 for other specified
    border management purposes; andborder management purposes; 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 Department of the Interior) or the Forest Service “"for the execution of for the execution of

    9 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.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    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 of these provisions were included in House-passed H.R. 8752Neither of these provisions were included in House-passed H.R. 8752. .
    Three FY2023 provisions were included in the FY2025 request, but Congress subsequently chose Three FY2023 provisions were included in the FY2025 request, but Congress subsequently chose
    not to include them in the FY2024 act:not to include them in the FY2024 act:
    • FY2023 Section 219: This provision, first carried in FY2009 as a direction This provision, first carried in FY2009 as a direction
    within the TSA Aviation Security appropriation, required TSA to award grants for within the TSA Aviation Security appropriation, required TSA to award grants for
    deployment of explosive detection systems on the basis of deployment of explosive detection systems on the basis of “"risk, the airportrisk, the airport’s
    's current reliance on other solutions, lobby congestion resulting in increased current reliance on other solutions, lobby congestion resulting in increased
    security concerns, high injury rates, airport readiness and increased cost security concerns, high injury rates, airport readiness and increased cost
    effectiveness.effectiveness.”
    • " FY2023 Section 224: This provision allowed greater flexibility for the USCG to This provision allowed greater flexibility for the USCG to
    reprogram up to $10 million in its Operations and Support appropriation to or reprogram up to $10 million in its Operations and Support appropriation to or
    from its Military Personnel funding category and between its Field Operations from its Military Personnel funding category and between its Field Operations
    funding subcategories. The former flexibility was first provided in FY2014, and funding subcategories. The former flexibility was first provided in FY2014, and
    the latter was added in FY2022.the latter was added in FY2022.
    • FY2023 Section 226: This provision, included in some form since FY2010, This provision, included in some form since FY2010,10
    15 initially allowed the USCG to allocate funding within its operations appropriation initially allowed the USCG to allocate funding within its operations appropriation
    designated as being for designated as being for “"Overseas Contingency Operations / Global War on Overseas Contingency Operations / Global War on
    Terror”Terror" (a special budgetary designation that made it easier to provide funding (a special budgetary designation that made it easier to provide funding
    under budget limitations) to be allocated among various activities without regard under budget limitations) to be allocated among various activities without regard
    to the reprogramming11to the reprogramming16 restrictions in the bill restrictions in the bill’'s general provisions. Although the s general provisions. Although the
    special designation fell out of use, this flexibility was maintained over the years, special designation fell out of use, this flexibility was maintained over the years,
    most recently for funding most recently for funding “"for defense-related activities … for enduring overseas for defense-related activities … for enduring overseas
    missions in support of the global fight against terrorism.missions in support of the global fight against terrorism.”
    • "None of these provisions were included in House-passed H.R. 8752None of these provisions were included in House-passed H.R. 8752..
    House Appropriations Committee-proposed Changes12
    Changes17 The House Appropriations Committee proposed including 51 administrative provisions in Title II The House Appropriations Committee proposed including 51 administrative provisions in Title II
    of the FY2025 act. Using the FY2024 act as a baseline for comparison, the HAC-reported bill of the FY2025 act. Using the FY2024 act as a baseline for comparison, the HAC-reported bill
    proposed not carrying forward one provision from the FY2024 act, modifying two, and adding proposed not carrying forward one provision from the FY2024 act, modifying two, and adding
    21.21.
    House Appropriations Committee-proposed Deletions
    • FY2024 Section 227: Included since FY2022,Included since FY2022,1318 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.14

    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.
    12 CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.
    13 P.L. 107-103, Div. F, Section 231.
    14 P.L. 115-282.
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    link to page 10 link to page 10 Department of Homeland Security Appropriations: FY2025 Provisions

    reflect its costs.19 House Appropriations Committee-proposed Modifications
    • FY2024 Section 211: Included in annual DHS appropriations measures since Included in annual DHS appropriations measures since
    FY2018, this administrative provision has delimited the use of CBPFY2018, this administrative provision has delimited the use of CBP’'s annual s annual
    Procurement, Construction, and Improvements (PC&I) appropriation. HAC Procurement, Construction, and Improvements (PC&I) appropriation. HAC
    Section 212 also added five subsections constraining the use of the provided Section 212 also added five subsections constraining the use of the provided
    border barrier construction funds within the appropriation to certain designs, border barrier construction funds within the appropriation to certain designs,
    locations, and timelines for obligation, similar to a proposal it made in the locations, and timelines for obligation, similar to a proposal it made in the
    FY2024 cycleFY2024 cycle. Table 1 compares the funding level and distribution of the compares the funding level and distribution of the
    appropriation from the FY2024 act, the FY2025 request, and the House appropriation from the FY2024 act, the FY2025 request, and the House
    Appropriations Committee-reported measure.Appropriations Committee-reported measure.
    Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions
    Program, Project, or
    Activity P.L. 118-47, Division C FY2025 Requesta

    House-passed H.R. 8752

    Acquisition and deployment of physical barriers

    $0

    $0

    $600,000,000

    Acquisition and deployment of border technologies

    283,500,000

    127,398,000

    300,000,000

    Trade and travel assets and infrastructure

    380,900,000

    0

    305,000,000

    Facility construction and improvements

    92,114,000

    47,350,000

    23,654,000

    Integrated operations assets and infrastructure

    75,983,000

    85,875,000

    131,419,000

    Mission support and infrastructure

    17,673,000

    12,265,000

    30,265,000

    Total

    $850,170,000

    $272,888,000

    $1,390,338,000

    ,
    FY2025
    House-passed
    Activity
    Division C
    Requesta
    H.R. 8752
    Acquisition and deployment
    $0
    $0
    $600,000,000
    of physical barriers
    Acquisition and deployment
    283,500,000
    127,398,000
    300,000,000
    of border technologies
    Trade and travel assets and
    380,900,000
    0
    305,000,000
    infrastructure
    Facility construction and
    92,114,000
    47,350,000
    23,654,000
    improvements
    Integrated operations assets
    75,983,000
    85,875,000
    131,419,000
    and infrastructure
    Mission support and
    17,673,000
    12,265,000
    30,265,000
    infrastructure
    Total
    $850,170,000
    $272,888,000
    $1,390,338,000
    Sources: CRS analysis of P.L. 118-47, Division C, Section 211, CRS analysis of P.L. 118-47, Division C, Section 211, DHS Budget Overview, and H.R. 8752and H.R. 8752.
    a. The. a. The Biden Administration Administration’'s request does not include statutory direction for these numbers. Rather, the s request does not include statutory direction for these numbers. Rather, the
    breakdown shown here reflects the Administrationbreakdown shown here reflects the Administration’'s plans as described in the budget justification.s plans as described in the budget justification.
    • FY2024 Section 216: Included since FY2021, this administrative provision Included since FY2021, this administrative provision
    carried forward two prior-year administrative provisions from the FY2020 DHS carried forward two prior-year administrative provisions from the FY2020 DHS
    appropriations act by reference: Section 216, which barred the use of information appropriations act by reference: Section 216, which barred the use of information
    shared by the Department of Health and Human Services to detain or take steps shared by the Department of Health and Human Services to detain or take steps
    in the removal process against a sponsor of an unaccompanied minor, potential in the removal process against a sponsor of an unaccompanied minor, potential
    sponsor of that minor, or member of that household (with some exceptions based sponsor of that minor, or member of that household (with some exceptions based
    on risks of exploitation); and Section 217, which that required reporting on on risks of exploitation); and Section 217, which that required reporting on
    “"287(g) agreements,287(g) agreements,”" under which local law enforcement works with ICE on under which local law enforcement works with ICE on
    enforcement of immigration laws. House-passed H.R. 8752 did not carry forward enforcement of immigration laws. House-passed H.R. 8752 did not carry forward
    FY2020 Section 216.FY2020 Section 216.
    House Appropriations Committee-proposed Additions
    HAC-reported H.R. 8752 included 21 Title II administrative provisions that were not included in HAC-reported H.R. 8752 included 21 Title II administrative provisions that were not included in
    the previous two enacted DHS appropriations acts.the previous two enacted DHS appropriations acts.
    One of these would provide specific direction for DHS:One of these would provide specific direction for DHS:
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    • HAC Section 228: Similar to an administrative provision added in an en bloc Similar to an administrative provision added in an en bloc
    amendment at full committee markup in FY2023, this provision would direct the amendment at full committee markup in FY2023, this provision would direct the
    Secretary of DHS to allocate ICE Operations and Support appropriations to Secretary of DHS to allocate ICE Operations and Support appropriations to
    ensure the average daily population of detainees is maintained at the full capacity ensure the average daily population of detainees is maintained at the full capacity
    of all detention facilities throughout the year, and ensure that every alien on the of all detention facilities throughout the year, and ensure that every alien on the
    non-detained docket is enrolled in the Alternatives to Detention Program, with non-detained docket is enrolled in the Alternatives to Detention Program, with
    mandatory GPS monitoring until their proceedings are concluded (HAC Section mandatory GPS monitoring until their proceedings are concluded (HAC Section
    228).228).
    Another speaks more generally to the applicability of certain state and local laws:Another speaks more generally to the applicability of certain state and local laws:
    • HAC Section 233: This new administrative provision declares state and local This new administrative provision declares state and local
    laws regarding employment or minimum compensation inapplicable to persons laws regarding employment or minimum compensation inapplicable to persons
    held in immigration-related detention.held in immigration-related detention.
    Sixteen of these additional administrative provisions would impose restrictions on the use of Sixteen of these additional administrative provisions would impose restrictions on the use of
    funds made available in the bill to accomplish various ends. The FY2024 HAC-reported bill funds made available in the bill to accomplish various ends. The FY2024 HAC-reported bill
    included eleven of these, restrictingincluded eleven of these, restricting:
    • Removal of existing border barriers unless they are being repaired or replaced Removal of existing border barriers unless they are being repaired or replaced
    (HAC Section 212);(HAC Section 212);
    • The use of CBPThe use of CBP’'s mobile application to facilitate the parole of any alien into the s mobile application to facilitate the parole of any alien into the
    United States (HAC Section 213);United States (HAC Section 213);
    • Implementation of a CBP policy directive on vehicular pursuits (HAC Section Implementation of a CBP policy directive on vehicular pursuits (HAC Section
    214);214);
    • Admission of foreign students on an F or M visa if the institution the student will Admission of foreign students on an F or M visa if the institution the student will
    attend is not accredited by a nationally recognized accrediting agency or an attend is not accredited by a nationally recognized accrediting agency or an
    association recognized by the Secretary of Education (HAC Section 215);association recognized by the Secretary of Education (HAC Section 215);15
    • 20 Parole of nationals of the PeopleParole of nationals of the People’'s Republic of China into the Commonwealth of s Republic of China into the Commonwealth of
    the Northern Mariana Islands for temporary visits without a visa (HAC Section the Northern Mariana Islands for temporary visits without a visa (HAC Section
    216);216);
    • CBP from admitting into the CBP from admitting into the U.S. “United States "any aerosol-dispensing unmanned aircraft any aerosol-dispensing unmanned aircraft
    system produced or manufactured in a foreign adversary countrysystem produced or manufactured in a foreign adversary country”" (HAC Section (HAC Section
    217);16
    • 217);21 Reducing participation in or level of delegation of authority made under section Reducing participation in or level of delegation of authority made under section
    287(g) agreements, which permit delegation of immigration enforcement 287(g) agreements, which permit delegation of immigration enforcement
    functions to state and local law enforcement (HAC Section 218)functions to state and local law enforcement (HAC Section 218).
    • ; Implementation of policies described in two memoranda on enforcement of civil Implementation of policies described in two memoranda on enforcement of civil
    immigration law (HAC Section 224);immigration law (HAC Section 224);
    • Transportation of aliens unlawfully present into the U.S. interior for purposes Transportation of aliens unlawfully present into the U.S. interior for purposes
    other than the enforcement of immigration laws, except for unaccompanied alien other than the enforcement of immigration laws, except for unaccompanied alien
    children (HAC Section 225);

    15 A similar amendment that referenced the I-20 document that provides supporting information on a student with an F
    or M visa status was included as Section 242 in the FY2024 HAC-reported measure.
    16 A similar amendment with a slightly broader restriction was included as Section 547 in the FY2024 HAC-reported
    measure.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    • children (HAC Section 225); Use of ICE funding to Use of ICE funding to “"pay for or facilitate an abortion,pay for or facilitate an abortion,”" with some exceptions, with some exceptions,
    or to require a person to or to require a person to “"perform or facilitate in any way the performance of, perform or facilitate in any way the performance of,
    any abortionany abortion”" (HAC Section 226); and (HAC Section 226); and
    • Administration of hormone therapy medication or performance or facilitation of Administration of hormone therapy medication or performance or facilitation of
    any surgery for any person in ICE custody any surgery for any person in ICE custody “"for the purpose of gender-affirming for the purpose of gender-affirming
    care”care" (HAC Section 227). (HAC Section 227).
    Five other Title II administrative provisions that were not included in the FY2024 HAC-reported Five other Title II administrative provisions that were not included in the FY2024 HAC-reported
    measure would restrict the use of funds tomeasure would restrict the use of funds to:
    • Develop a physical identification card for purposes of alien identification, Develop a physical identification card for purposes of alien identification,
    verification of immigration status, or immigration portal access (HAC Section verification of immigration status, or immigration portal access (HAC Section
    230);230);
    • Develop, pilot, or administer standards for management of the non-detained alien Develop, pilot, or administer standards for management of the non-detained alien
    population or for the Alternatives to Detention Program beyond those population or for the Alternatives to Detention Program beyond those
    incorporated in the Alternatives to Detention Handbook, as issued on August 16, incorporated in the Alternatives to Detention Handbook, as issued on August 16,
    2017 (HAC Section 231);2017 (HAC Section 231);
    • Implement policies described in a memorandum entitled Implement policies described in a memorandum entitled “"Guidelines for Guidelines for
    Enforcement Actions in or Near Protected AreasEnforcement Actions in or Near Protected Areas”" (HAC Section 232) (HAC Section 232); H.R. 8070H.R. 8070
    • ; Implement a Final Rule on Implement a Final Rule on ‘‘''Shipping Safety Fairways Along the Atlantic CoastShipping Safety Fairways Along the Atlantic Coast’’
    '' until the Coast Guard submits a report to the appropriators on the effect of until the Coast Guard submits a report to the appropriators on the effect of
    offshore wind turbines on marine navigation radar (HAC Section 243); andoffshore wind turbines on marine navigation radar (HAC Section 243); and
    • Implement a Final Rule on Implement a Final Rule on “"Amendments to the North Atlantic Right Whale Amendments to the North Atlantic Right Whale
    Vessel Strike Reduction RuleVessel Strike Reduction Rule’’'' or any restrictions on vessel speed related to the or any restrictions on vessel speed related to the
    Rice’Rice's whale that were not in place prior to the Biden Administration (HAC s whale that were not in place prior to the Biden Administration (HAC
    Section 244).Section 244).
    Three new administrative provisions were added in full committee markup of the bill by voice Three new administrative provisions were added in full committee markup of the bill by voice
    vote:vote:
    • HAC Section 249249: This new provision would block the use of funds in the bill to This new provision would block the use of funds in the bill to
    terminate or reduce contracts for family residential detention facilities.terminate or reduce contracts for family residential detention facilities.
    • HAC Sections 250 and 251 HAC Sections 250 and 251: These new provisions would require the TRICARE These new provisions would require the TRICARE
    military health system, which covers USCG personnel, to cover year-long military health system, which covers USCG personnel, to cover year-long
    prescriptions for contraceptives, and bar the USCG from implementing a cost prescriptions for contraceptives, and bar the USCG from implementing a cost
    share requirement on contraceptive pharmaceuticals and services. This would share requirement on contraceptive pharmaceuticals and services. This would
    bring USCG policy in line with the TRICARE provisions in the National Defense bring USCG policy in line with the TRICARE provisions in the National Defense
    Authorization Act that passed the House on June 14, 2024.Authorization Act that passed the House on June 14, 2024.17
    22 House Floor Action
    • When the House passed H.Res. 1316, the rule establishing the parameters for When the House passed H.Res. 1316, the rule establishing the parameters for
    floor debate of H.R. 8752, it made in order an amendment to HAC Section 212, floor debate of H.R. 8752, it made in order an amendment to HAC Section 212,
    which would restrict the use of funds in the bill to remove physical barriers on which would restrict the use of funds in the bill to remove physical barriers on
    the U.S.-Mexico border. The amendment would specify that the restriction would the U.S.-Mexico border. The amendment would specify that the restriction would
    also include any barrier constructed by a state government. The amendment was also include any barrier constructed by a state government. The amendment was
    adopted by voice vote.

    17, Sections 711 and 712.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    adopted by voice vote. Protection, Preparedness, Response, and Recovery
    Administrative Provisions (Title III)
    Title III of annual DHS appropriations measures currently covers appropriations forTitle III of annual DHS appropriations measures currently covers appropriations for
    • the Cybersecurity and Infrastructure Security Agency (CISA); andthe Cybersecurity and Infrastructure Security Agency (CISA); and
    • Federal Emergency Management Agency (FEMA).Federal Emergency Management Agency (FEMA).
    Administration-Proposed Changes18
    The Changes23 The Biden Administration proposed 15 administrative provisions for Title III of the FY2025 Act.Administration proposed 15 administrative provisions for Title III of the FY2025 Act.1924 Title Title
    III of the FY2024 act, passed two weeks later, ultimately included 11.III of the FY2024 act, passed two weeks later, ultimately included 11.2025 The FY2025 request The FY2025 request
    would modify one current provision and add three new ones, as well as continue one FY2023 would modify one current provision and add three new ones, as well as continue one FY2023
    provision that ultimately was not included in the FY2024 Act.provision that ultimately was not included in the FY2024 Act.
    Administration-proposed Modifications
    For the second fiscal year in a row the For the second fiscal year in a row the Biden Administration proposed the following modification:Administration proposed the following modification:
    • FY2024 Section 304FY2024 Section 304: 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. The awards without meeting that requirement. The Biden Administration proposed not Administration proposed not
    including the reduction, but was unsuccessful in getting that change made in the including the reduction, but was unsuccessful in getting that change made in the
    House-passed bill.House-passed bill.
    Administration-proposed Additions
    Three new administrative provisions were proposed by the Three new administrative provisions were proposed by the Administration:
    • Biden Administration:One to allow FEMA to use part funding transferred from the proposed One to allow FEMA to use part funding transferred from the proposed
    contingency appropriation for grant programs to be used for the expenses of contingency appropriation for grant programs to be used for the expenses of
    administering those programsadministering those programs;
    • . One to extend the availability of certain grant funds to pay valid obligations One to extend the availability of certain grant funds to pay valid obligations
    incurred during the grant programincurred during the grant program’'s operations in FY2020.s operations in FY2020.
    • One to renew and extend the authority for the Chemical Facility Anti-Terrorism One to renew and extend the authority for the Chemical Facility Anti-Terrorism
    Standards (CFATS) program to operate through the end of FY2025.Standards (CFATS) program to operate through the end of FY2025.
    • None of these provisions were included in House-passed H.R. 8752None of these provisions were included in House-passed H.R. 8752.
    .One FY2023 provision was included in the FY2025 request, but Congress chose not to include it One FY2023 provision was included in the FY2025 request, but Congress chose not to include it
    in the FY2024 act:

    18 CRS analysis of FY2025 Appendix, pp. 511-512; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-
    reported H.R. 8752.
    19 FY2025 Appendix, pp. 511-512.
    20 The text of these provisions and their descriptions can be found in “FY2024 Committee Print”; provisions on pp.
    536-537, descriptions on pp. 588-589.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    • in the FY2024 act: FY2023 Section 304: This administrative provision, carried only in FY2023, This administrative provision, carried only in FY2023,
    allowed funds provided for the Nonprofit Security Grant program not to be allowed funds provided for the Nonprofit Security Grant program not to be
    included in total State Homeland Security Grant Program (SHSGP) grant included in total State Homeland Security Grant Program (SHSGP) grant
    funding. This was important in the calculations of allocations, and because states funding. This was important in the calculations of allocations, and because states
    had to make available 80% of their total SHSGP grant to state and local had to make available 80% of their total SHSGP grant to state and local
    governments within 45 days of receiving it.governments within 45 days of receiving it.
    • This provision was not included in House-passed H.R. 8752This provision was not included in House-passed H.R. 8752..
    House Appropriations Committee-proposed Changes21
    Changes26 The House Appropriations Committee proposed no substantive modifications to the Title III The House Appropriations Committee proposed no substantive modifications to the Title III
    administrative provisions from FY2024 in H.R. 8752, and none were made through House Floor administrative provisions from FY2024 in H.R. 8752, and none were made through House Floor
    action.action.
    Research, Development, Training, and Services
    Administrative Provisions (Title IV)
    Title IV of annual DHS appropriations measures currently covers appropriations forTitle 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); andthe Science and Technology Directorate (S&T); and
    • the Countering Weapons of Mass Destruction Office.the Countering Weapons of Mass Destruction Office.
    Administration-Proposed Changes22
    TheChanges27 The Biden Administration proposed eight administrative provisions for Title IV of the DHS Administration proposed eight administrative provisions for Title IV of the DHS
    Appropriations Act. Title IV of the FY2024 act, passed two weeks later, included seven.Appropriations Act. Title IV of the FY2024 act, passed two weeks later, included seven.23
    28 Administration-proposed Additions
    The The Biden Administration proposed adding a single Title IV administrative provision, which would Administration proposed adding a single Title IV administrative provision, which would
    postpone the sunset date for the DHS Countering Weapons of Mass Destruction Office to the end postpone the sunset date for the DHS Countering Weapons of Mass Destruction Office to the end
    of FY2025.of FY2025.2429 The House-passed bill did not include such a provision. The House-passed bill did not include such a provision.
    House Appropriations Committee-proposed Changes25
    Changes30 The House Appropriations Committee proposed including 13 administrative provisions in Title The House Appropriations Committee proposed including 13 administrative provisions in Title
    IV of the FY2025 act. Using the FY2024 act as a baseline for comparison, the HAC-reported bill IV of the FY2025 act. Using the FY2024 act as a baseline for comparison, the HAC-reported bill
    would have added five new administrative provisions to Title IV.

    21 CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.
    22 CRS analysis of FY2025 Appendix, p. 522; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported
    H.R. 8752.
    23 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.
    24 FY2025 Appendix, p. 522.
    25 CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    would have added five new administrative provisions to Title IV. House Appropriations Committee-proposed Additions
    Three of the new provisions would impose restrictions on the use of funds made available in the Three of the new provisions would impose restrictions on the use of funds made available in the
    bill to accomplish certain ends. Two of these had appeared in the FY2024 House-passed measure, bill to accomplish certain ends. Two of these had appeared in the FY2024 House-passed measure,
    restrictingrestricting:
    • Implementation of a rule outlining procedures for asylum officers to consider Implementation of a rule outlining procedures for asylum officers to consider
    various claims by individuals seeking to remain in the United States without various claims by individuals seeking to remain in the United States without
    valid immigration status (Section 404); andvalid immigration status (Section 404); and
    • Issuance of employment authorization to aliens who have been convicted of a Issuance of employment authorization to aliens who have been convicted of a
    federal or state crime or had an application for asylum denied (Section 405).federal or state crime or had an application for asylum denied (Section 405).
    A third new provision would restrictA third new provision would restrict:
    • Consideration of applications for H-1B visa applications from companies Consideration of applications for H-1B visa applications from companies
    identified as being run by the Chinese military or their subsidiaries in the United identified as being run by the Chinese military or their subsidiaries in the United
    States (Section 408).States (Section 408).
    Two other provisions provided other direction to the department:Two other provisions provided other direction to the department:
    • HAC Section 406: This administrative provision, similar to a series of other This administrative provision, similar to a series of other
    provisions enacted through appropriations legislation since FY2017, would allow provisions enacted through appropriations legislation since FY2017, would allow
    the Secretary of Homeland Security to increase the number of H-2B visas (for the Secretary of Homeland Security to increase the number of H-2B visas (for
    temporary nonagricultural work) potentially available in FY2025. The annual temporary nonagricultural work) potentially available in FY2025. The annual
    statutory limit on H-2B visas is 66,000, but if fully exercised, this provision statutory limit on H-2B visas is 66,000, but if fully exercised, this provision
    could allow up to 64,716 additional H-2B visas to be made available.could allow up to 64,716 additional H-2B visas to be made available.26
    • 31 This provision was modified by an amendment in full committee markup to This provision was modified by an amendment in full committee markup to
    require the authority to be exercised to its maximum potential.require the authority to be exercised to its maximum potential.
    • HAC Section 407: This administrative provision would allow up to $2,500 in This administrative provision would allow up to $2,500 in
    USCIS fee revenues to be used for official reception and representation expenses USCIS fee revenues to be used for official reception and representation expenses
    in FY2025. The provision is similar to a provision proposed in the FY2024 in FY2025. The provision is similar to a provision proposed in the FY2024
    House-passed measure, but not included in the FY2024 DHS appropriations act.House-passed measure, but not included in the FY2024 DHS appropriations act.
    Two administrative provisions were added in full committee markup:Two administrative provisions were added in full committee markup:
    • HAC Section 413413: This administrative provision is similar to one that the House This administrative provision is similar to one that the House
    Appropriations Committee has included since the FY2018 appropriations cycle, Appropriations Committee has included since the FY2018 appropriations cycle,
    but has not been enacted. This provision would allow people to be admitted on but has not been enacted. This provision would allow people to be admitted on
    H-2A visas—a program for temporary or seasonal agricultural workers—H-2A visas—a program for temporary or seasonal agricultural workers—
    regardless of whether the agricultural work in question was temporary or regardless of whether the agricultural work in question was temporary or
    seasonal.seasonal.
    • HAC Section 414414: This new administrative provision would bar implementation This new administrative provision would bar implementation
    of an of an “"asylum program feeasylum program fee”" by USCIS on non-immigrant worker visas. by USCIS on non-immigrant worker visas.
    House Floor Action
    • When the House passed H.Res. 1316, the rule establishing the parameters for When the House passed H.Res. 1316, the rule establishing the parameters for
    floor debate of H.R. 8752, it included a self-executing amendment that struck floor debate of H.R. 8752, it included a self-executing amendment that struck
    HAC Sections 406 and 413, replacing them with the original text of HAC Section HAC Sections 406 and 413, replacing them with the original text of HAC Section
    406, which conformed with the language adopted in the Further Consolidated 406, which conformed with the language adopted in the Further Consolidated

    26 For more information on H-2B visa policy, see CRS Report R44306, The H-2B Visa and the Statutory Cap, by
    Andorra Bruno.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    Appropriations Act, 2024.27Appropriations Act, 2024.32 No other modifications were made to the Title IV No other modifications were made to the Title IV
    administrative provisions through House Floor action.administrative provisions through House Floor action.
    Departmental Management, Intelligence,
    Situational Awareness and Oversight
    Administrative Provisions (Title I)
    Title I of annual DHS appropriations measures currently covers appropriations forTitle 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; andIntelligence, Analysis, and Situational Awareness; and
    • the Office of Inspector General.the Office of Inspector General.
    Administration-Proposed Changes28
    TheChanges33 The Biden Administration proposed six administrative provisions for Title I of the FY2025 Act. Administration proposed six administrative provisions for Title I of the FY2025 Act.2934 Title I Title I
    of the FY2024 act, passed two weeks later, ultimately included six.of the FY2024 act, passed two weeks later, ultimately included six.3035 Although there was no net Although there was no net
    change in the number of provisions, the Administrationchange in the number of provisions, the Administration’'s request did not include two provisions s request did not include two provisions
    that had been carried in recent DHS Appropriations Acts, included a long-standing provision that that had been carried in recent DHS Appropriations Acts, included a long-standing provision that
    had not been included in the FY2024 act, and added one new provision.had not been included in the FY2024 act, and added one new provision.
    Administration-proposed Deletions
    • FY2024 Section 105: Carried since FY2022, this administrative provision required the Carried since FY2022, this administrative provision required the
    Under Secretary for Management to provide a quarterly briefing to the appropriations Under Secretary for Management to provide a quarterly briefing to the appropriations
    committees on DHScommittees on DHS’'s major acquisition programs,s major acquisition programs,3136 as well as copies of each acquisition as well as copies of each acquisition
    memorandum as they are approved. The requirement would have covered all acquisition memorandum as they are approved. The requirement would have covered all acquisition
    programs costing more than $300 million over their lifecycle on the DHS Master programs costing more than $300 million over their lifecycle on the DHS Master
    Acquisition Oversight List.Acquisition Oversight List.3237 All such programs from the point that a program manager All such programs from the point that a program manager
    had begun to review approaches to meeting a capability need to full operational had begun to review approaches to meeting a capability need to full operational
    capability were to be included, including those programs removed from the list in the capability were to be included, including those programs removed from the list in the
    preceding quarter. In FY2023, additional parameters were added for the cost estimates. preceding quarter. In FY2023, additional parameters were added for the cost estimates.
    The The Biden Administration unsuccessfully proposed not including this provision in the FY2024 Administration unsuccessfully proposed not including this provision in the FY2024
    act, and it was included in the FY2025 HAC-reported bill as well.

    27 P.L. 118-47, Div. G, Sec. 105.
    28 CRS analysis of FY2025 Appendix, p. 474; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported
    H.R. 8752.
    29 FY2025 Appendix, p. 474.
    30 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.
    31 The Office of Management and Budget (OMB) defines a major acquisition as “a capital project that requires special
    management attention because of its: (1) importance to an agency’s mission; (2) high development, operating, or
    maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency’s programs,
    finances, property, or other resources.”
    32 A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    • act, and it was included in the FY2025 HAC-reported bill as well. FY2024 Section 106: Carried since FY2022, this administrative provision required Carried since FY2022, this administrative provision required
    reporting from the DHS Under Secretary for Management to the appropriations reporting from the DHS Under Secretary for Management to the appropriations
    committees before DHS could obligate money from the act for pilot or demonstration committees before DHS could obligate money from the act for pilot or demonstration
    programs. To trigger the reporting, the program would need to use more than 10 full-time programs. To trigger the reporting, the program would need to use more than 10 full-time
    equivalents (FTE) or $5 million, with some exceptions provided for IT contract work and equivalents (FTE) or $5 million, with some exceptions provided for IT contract work and
    programs specifically directed by Congress. The provision was included in the FY2025 programs specifically directed by Congress. The provision was included in the FY2025
    HAC-reported bill as Section 106.HAC-reported bill as Section 106.
    Administration-proposed Additions
    The The Biden Administration also proposed a new general provision to establish a Administration also proposed a new general provision to establish a “"Department of Department of
    Homeland Security Southwest Border Contingency Operations Fund,Homeland Security Southwest Border Contingency Operations Fund,”" through which the through which the
    Secretary could provide CBP, ICE, and FEMA up to $4.7 billion in total emergency-designated Secretary could provide CBP, ICE, and FEMA up to $4.7 billion in total emergency-designated
    appropriations, contingent on the cumulative number of migrant encounters at the border each appropriations, contingent on the cumulative number of migrant encounters at the border each
    quarter.quarter.3338 The Administration first proposed this provision for the FY2024 act, but was The Administration first proposed this provision for the FY2024 act, but was
    unsuccessful in securing its inclusion.unsuccessful in securing its inclusion.
    One long-standing provision was included in the FY2025 request, but Congress chose not to One long-standing provision was included in the FY2025 request, but Congress chose not to
    include it in the FY2024 act:include it in the FY2024 act:
    • FY2023 Section 103: This provision, carried since a FY2007 supplemental This provision, carried since a FY2007 supplemental
    appropriations measure,appropriations measure,3439 required DHS to link any and all award fees in their required DHS to link any and all award fees in their
    contracts to specific successful acquisition outcomes. The provision was not contracts to specific successful acquisition outcomes. The provision was not
    included in the House-passed bill.included in the House-passed bill.
    House Appropriations Committee-proposed Changes35
    Changes40 The House Appropriations Committee proposed no substantive modifications of the Title I The House Appropriations Committee proposed no substantive modifications of the Title I
    administrative provisions, and none were made through House Floor action.administrative provisions, and none were made through House Floor action.
    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 but unobligated budget authority. They reduce the net budget authority provided by the provided but unobligated budget authority. They reduce the net budget authority provided by the
    bill, lowering its bill, lowering its “score”"score" against budget allocations and statutory budget limits. Traditionally, they 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 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 provisions are addressed separately at the function from the policy provisions of Title V, those provisions are addressed separately at the
    end of the section.end of the section.
    Some Provisions Are More General Than Others

    33 For more details on this proposal, see CRS Report R48074, DHS Budget Request Analysis: FY2025, by William L.
    Painter, p. 4 on the type of appropriation, and p. 6 on the triggers.
    34 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).
    35 CRS analysis of FY2025 Appendix, p. 474; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported
    H.R. 8752.
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    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 broad general provisions, which address a range of issues.includes these broad general provisions, which address a range of issues.
    Administration-Proposed Changes36
    The Administration-Proposed Changes41 The Biden Administration proposed 38 general provisions for the FY2025 act. Administration proposed 38 general provisions for the FY2025 act.3742 Title V of the FY2024 Title V of the FY2024
    act, passed two weeks later, ultimately included 51.act, passed two weeks later, ultimately included 51.3843 (Four of these did not apply to the (Four of these did not apply to the
    Department, but instead provided technical corrections to unrelated matters.)Department, but instead provided technical corrections to unrelated matters.)
    The AdministrationThe Administration’'s request did not include five provisions that had been carried in recent DHS s request did not include five provisions that had been carried in recent DHS
    Appropriations Acts, modified one current provision, and proposed adding one.Appropriations Acts, modified one current provision, and proposed adding one.
    Administration-proposed Deletions
    The The Biden Administration sought to remove five general provisions that appeared in both the FY2023 Administration sought to remove five general provisions that appeared in both the FY2023
    and FY2024 DHS appropriations acts:and FY2024 DHS appropriations acts:
    • FY2024 Section 531: 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 FY2021.39 The44 The Biden Administration has unsuccessfully sought removal of Administration has unsuccessfully sought removal of
    this provision since its enactment.this provision since its enactment.
    • FY2024 Section 532: 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 FY2021.40 The 45 The Biden Administration has Administration has
    unsuccessfully sought removal of this provision since its enactment.unsuccessfully sought removal of this provision since its enactment.
    • FY2024 Section 534: This general provision required the This general provision required the Biden Administration to 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.FY2017.41 The46 The Biden Administration has unsuccessfully sought removal of this Administration has unsuccessfully sought removal of this
    provision since the FY2022 budget request.provision since the FY2022 budget request.
    • FY2024 Section 537537: 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

    36 CRS analysis of FY2025 Appendix, pp. 522-525; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-
    reported H.R. 8752.
    37 FY2025 Appendix, pp. 522-525.
    38 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.
    39 P.L. 116-260, Div. F, Section 537.
    40 P.L. 116-260, Div. F, Section 542.
    41 P.L. 115-31, Div. F, Section 532.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    provision has appeared in DHS annual appropriations acts beginning in provision has appeared in DHS annual appropriations acts beginning in
    FY2012.FY2012.42 The 47 The Biden Administration has unsuccessfully sought removal of this Administration has unsuccessfully sought removal of this
    provision since the FY2022 budget request.provision since the FY2022 budget request.
    • FY2024 Section 538: 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. The FY2024 enacted version added that those estimates and budget processes. The FY2024 enacted version added that those estimates
    should be included in supplemental appropriations requests, not just annual should be included in supplemental appropriations requests, not just annual
    appropriations requests, and that if they were not included, transfer and appropriations requests, and that if they were not included, transfer and
    reprogramming authority would be restricted until such estimates are provided to reprogramming authority would be restricted until such estimates are provided to
    the appropriations committees. The the appropriations committees. The Biden Administration has unsuccessfully sought Administration has unsuccessfully sought
    removal of this provision since the FY2024 budget request.removal of this provision since the FY2024 budget request.
    Three general provisions that were new in the FY2024 act were not included in the Three general provisions that were new in the FY2024 act were not included in the
    Administration’Biden Administration's FY2025 request: one was a one-time provision, but two others could be repeated s FY2025 request: one was a one-time provision, but two others could be repeated
    in future acts.in future acts.
    • FY2024 Section 539: This one-time general provision modified the authorization This one-time general provision modified the authorization
    for the DHS Nonrecurring Expenses Fund, which had been established in the for the DHS Nonrecurring Expenses Fund, which had been established in the
    FY2022 act to help fund DHS information technology and facilities FY2022 act to help fund DHS information technology and facilities
    improvements through reuse of unobligated balances of expired appropriations. It improvements through reuse of unobligated balances of expired appropriations. It
    required the passage of the full-year appropriation measure for DHS before required the passage of the full-year appropriation measure for DHS before
    resources in the fund could be used in a given year, and required advance resources in the fund could be used in a given year, and required advance
    notification to the appropriations committees for the use of fund resources. As it notification to the appropriations committees for the use of fund resources. As it
    was a one-time amendment, it would not need to be reiterated after enactment. was a one-time amendment, it would not need to be reiterated after enactment.
    This provision was not included in House-passed H.R. 8752.This provision was not included in House-passed H.R. 8752.
    • FY2024 Section 540: This new general provision required the Secretary of This new general provision required the Secretary of
    Homeland Security to make an alternatives analysis and a cost-benefit analysis Homeland Security to make an alternatives analysis and a cost-benefit analysis
    before requesting assistance from the Department of Defense for border security before requesting assistance from the Department of Defense for border security
    operations, and a report to the appropriations committees on the same. It also operations, and a report to the appropriations committees on the same. It also
    requires quarterly reports on the assistance provided and operational impacts. requires quarterly reports on the assistance provided and operational impacts.
    This provision was included without substantive change in House-passed H.R. This provision was included without substantive change in House-passed H.R.
    8752 as HAC Section 539.8752 as HAC Section 539.
    • FY2024 Section 541: This new general provision allows Operations and Support This new general provision allows Operations and Support
    appropriations to DHS components to be used for necessary expenses of appropriations to DHS components to be used for necessary expenses of
    providing an employee emergency back-up care program. This provision was providing an employee emergency back-up care program. This provision was
    included without substantive change in House-passed H.R. 8752 as HAC Section included without substantive change in House-passed H.R. 8752 as HAC Section
    539.539.
    Administration-Proposed Modifications
    The The Biden Administration proposed one modification to a general provision carried in FY2023 and Administration proposed one modification to a general provision carried in FY2023 and
    FY2024:FY2024:
    • FY2024 Section 533: This general provision restricts the ability of DHS agencies This general provision restricts the ability of DHS agencies
    from submitting projects to the board of the DHS Technology Modernization from submitting projects to the board of the DHS Technology Modernization
    Fund, unless the appropriations committees are notified and receive a copy of the Fund, unless the appropriations committees are notified and receive a copy of the
    proposal, as well as how the proposed project funding would relate to the existing proposal, as well as how the proposed project funding would relate to the existing

    42 P.L. 112-74, Div. D, Section 541. The provision was also carried in the Full-Year Continuing Appropriations Act,
    2010 (P.L. 112-10, Div. B) as Section 1112.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    funding requested through appropriations. The Administrationfunding requested through appropriations. The Administration’'s proposed s proposed
    modification specifies that the responsibility for the reporting lies with the modification specifies that the responsibility for the reporting lies with the
    agency Chief Information Officer. House-passed H.R. 8752 did not include this agency Chief Information Officer. House-passed H.R. 8752 did not include this
    modification, but continued the provision as Section 533.modification, but continued the provision as Section 533.
    In addition, the FY2024 measure made a change in a long-standing provision that had not been In addition, the FY2024 measure made a change in a long-standing provision that had not been
    anticipated in the FY2025 request:anticipated in the FY2025 request:
    • FY2024 Section 503: The FY2024 act included modifications to subsection (d) The FY2024 act included modifications to subsection (d)
    restricting the Administrationrestricting the Administration’'s ability to reprogram or transfer funds between s ability to reprogram or transfer funds between
    appropriations. The new restrictions bar such moves for either changing funding appropriations. The new restrictions bar such moves for either changing funding
    levels for grant programs or creating a program, project, or activity not approved levels for grant programs or creating a program, project, or activity not approved
    by Congress in the enactment of the annual appropriations act. House-passed by Congress in the enactment of the annual appropriations act. House-passed
    H.R. 8752 maintained the same language as was enacted for FY2024.H.R. 8752 maintained the same language as was enacted for FY2024.
    Administration-proposed Additions
    The The Biden Administration proposed one new general provision: The Administration sought the ability to Administration proposed one new general provision: The Administration sought the ability to
    transfer up to 5% of any appropriation into the transfer up to 5% of any appropriation into the “"Information Technology Modernization FundInformation 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
    2018.2018.4348 The Biden Administration first proposed this provision in its FY2022 budget request. The Biden Administration first proposed this provision in its FY2022 budget request.
    The The Biden Administration Administration’'s FY2025 request also included two provisions that would not be included in s FY2025 request also included two provisions that would not be included in
    the FY2024 enacted measure:the FY2024 enacted measure:
    • 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’officer's representative or in a similar role if they have not completed training for 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.44
    • 49 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 FY2010,4550 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 was authorized in statute.Regulation, unless it was authorized in statute.
    • House-passed H.R. 8752 did not include either of these provisions.House-passed H.R. 8752 did not include either of these provisions.
    House Appropriations Committee-proposed Changes46
    Changes51 The House Appropriations Committee proposed including 52 general provisions in Title V of the The House Appropriations Committee proposed including 52 general provisions in Title V of the
    FY2025 measure, including two rescission provisions. Using the FY2024 act as a baseline for FY2025 measure, including two rescission provisions. Using the FY2024 act as a baseline for
    comparison, HAC-reported H.R. 8752 did not carry forward one non-rescissions provision related comparison, HAC-reported H.R. 8752 did not carry forward one non-rescissions provision related
    to DHS (noted above), three other one-time provisions that offset part of the discretionary cost of to DHS (noted above), three other one-time provisions that offset part of the discretionary cost of
    the measure (FY2024 Sections 544, 546, and 547), and four provisions unrelated to DHS. The the measure (FY2024 Sections 544, 546, and 547), and four provisions unrelated to DHS. The
    measure included eight additional general provisions, plus one to create a measure included eight additional general provisions, plus one to create a “"spending reduction spending reduction
    account.”

    43 P.L. 115-91, Div. A, Title X, Section 1077(b)(1).
    44 P.L. 110-161, Div. E, Section 520.
    45 P.L. 111-83, Section 570.
    46 CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.
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    Department of Homeland Security Appropriations: FY2025 Provisions

    account." House Appropriations Committee-proposed Additions
    • HAC Section 542: This general provision, also proposed as Section 549 in the This general provision, also proposed as Section 549 in the
    FY2024 House-passed measure, would block to use of funds to inspect a FY2024 House-passed measure, would block to use of funds to inspect a
    contracted ICE detention facility more than once within a six-month period.contracted ICE detention facility more than once within a six-month period.
    • HAC Section 543543: This general provision, also proposed as Section 544 in the This general provision, also proposed as Section 544 in the
    FY2024 House-passed measure, would prohibit the use of funds to implement a FY2024 House-passed measure, would prohibit the use of funds to implement a
    rule related to rule related to “"Circumvention of Lawful Pathways.Circumvention of Lawful Pathways.”
    • " HAC Section 544544: This general provision, functionally similar to Section 540 of This general provision, functionally similar to Section 540 of
    the FY2024 House-passed measure, would bar the use of funds for a the FY2024 House-passed measure, would bar the use of funds for a
    Disinformation Governance Board at DHS, or Disinformation Governance Board at DHS, or “"any other entities carrying out any other entities carrying out
    similar activitiessimilar activities”" related to misinformation. related to misinformation.
    • HAC Section 545545: This general provision, added in an en bloc amendment in This general provision, added in an en bloc amendment in
    full committee markup as Section 543 in the FY2024 House-passed measure, full committee markup as Section 543 in the FY2024 House-passed measure,
    would prohibit the use of funds to classify any communication by a U.S. person would prohibit the use of funds to classify any communication by a U.S. person
    as as “"mis-, dis-, or mal-informationmis-, dis-, or mal-information”" or partnering with organizations that in any or partnering with organizations that in any
    way recommend that private companies in any way censor, prohibit, or obstruct 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 lawful and constitutionally protected speech of a U.S. person on social media
    platforms. The provision furthermore would direct the removal from federal platforms. The provision furthermore would direct the removal from federal
    service any officer or employee funded by this act who carries out such actions.service any officer or employee funded by this act who carries out such actions.
    • HAC Section 546: This general provision, also proposed as Section 545 in the This general provision, also proposed as Section 545 in the
    FY2024 House-passed measure, would bar the use of funds to implement, FY2024 House-passed measure, would bar the use of funds to implement,
    administer, enforce, or carry out the DHS Equity Action Plan, two executive administer, enforce, or carry out the DHS Equity Action Plan, two executive
    orders related to advancing racial equity and support for underserved orders related to advancing racial equity and support for underserved
    communities, one Executive order related to diversity, equity, inclusion, and communities, one Executive order related to diversity, equity, inclusion, and
    accessibility in the federal workforce, or accessibility in the federal workforce, or “"any program, project or activity that any program, project or activity that
    promotes or advances Critical Race Theory or any concept associated with promotes or advances Critical Race Theory or any concept associated with
    Critical Race Theory.Critical Race Theory.”
    • " HAC Section 547: This general provision, added in an en bloc amendment in This general provision, added in an en bloc amendment in
    full committee markup as Section 543 in the FY2024 House-passed measure, full committee markup as Section 543 in the FY2024 House-passed measure,
    would prohibit the use of funds to take a discriminatory action against a person would prohibit the use of funds to take a discriminatory action against a person
    on the basis of their beliefs regarding the definition of marriage as being between on the basis of their beliefs regarding the definition of marriage as being between
    one man and one woman.one man and one woman.
    • HAC Section 548: This new general provision would bar the use of funds to This new general provision would bar the use of funds to
    allow officials of a country designated as a state sponsor of terrorism within the allow officials of a country designated as a state sponsor of terrorism within the
    past three years to past three years to “"observe, tour, visit, or conferobserve, tour, visit, or confer”" with DHS employees. with DHS employees.
    One general provision was added to the bill in full committee markup:One general provision was added to the bill in full committee markup:
    • HAC Section 549549: This provision This provision’'s stated intent is to block any DHS grant s stated intent is to block any DHS grant
    funding for funding for “"sanctuary cities,sanctuary cities,”" defined in this amendment as any subdivision of a defined in this amendment as any subdivision of a
    state thatstate that
    1. 1. Has in place any kind of policy that limits any government official or entity Has in place any kind of policy that limits any government official or entity
    from communicating with the Immigration and Naturalization Service from communicating with the Immigration and Naturalization Service
    regarding that citizenship or immigration status of any individual; orregarding that citizenship or immigration status of any individual; or
    2. 2. Has in place Has in place “"any law, policy, or procedureany law, policy, or procedure”" that that “"hinders the federal hinders the federal
    government from enforcing… immigration laws.government from enforcing… immigration laws.”
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    "House Floor Action
    When the House passed H.Res. 1316, the rule establishing the parameters for floor debate of H.R. When the House passed H.Res. 1316, the rule establishing the parameters for floor debate of H.R.
    8752, it made in order amendments that would have added 21 general provisions to the bill, 19 of 8752, it made in order amendments that would have added 21 general provisions to the bill, 19 of
    which would bar the use of funds for specific activities. Of the general provision amendments that which would bar the use of funds for specific activities. Of the general provision amendments that
    were made in order, 15 were adopted. Many of these were also adopted on the House Floor in the were made in order, 15 were adopted. Many of these were also adopted on the House Floor in the
    FY2024 cycle, but were not enacted, including those barring the use of funds toFY2024 cycle, but were not enacted, including those barring the use of funds to:
    • Pay the salary of DHS Secretary Mayorkas;Pay the salary of DHS Secretary Mayorkas;
    • Implement, administer, or enforce the following Executive Orders:Implement, administer, or enforce the following Executive Orders:
    o E.O. 13990, E.O. 13990, “"Protecting the Public Health and Environment and Restoring Protecting the Public Health and Environment and Restoring
    Science to Tackle the Climate CrisisScience to Tackle the Climate Crisis”;47
    o ";52 E.O. 14008, E.O. 14008, “"Tackling the Climate Crisis at Home and AbroadTackling the Climate Crisis at Home and Abroad”;48
    o ";53 E.O. 14013, E.O. 14013, “"Rebuilding and Enhancing Programs to Resettle Refugees and Rebuilding and Enhancing Programs to Resettle Refugees and
    Planning for the Impact of Climate Change on Migration,Planning for the Impact of Climate Change on Migration,”" Section 6; Section 6;49
    o 54 E.O. 14019, E.O. 14019, “"Promoting Access to Voting,Promoting Access to Voting,”" except for sections 7, 8, and 10; except for sections 7, 8, and 10;50
    o 55 E.O. 14030, E.O. 14030, “"Climate-Related Financial RiskClimate-Related Financial Risk”;51
    o ";56 E.O. 14057, E.O. 14057, “"Catalyzing Clean Energy Industries and Jobs Through Federal Catalyzing Clean Energy Industries and Jobs Through Federal
    Sustainability”;52
    o Sustainability";57 E.O. 14082, E.O. 14082, “"Implementation of the Energy and Infrastructure Provisions of Implementation of the Energy and Infrastructure Provisions of
    the Inflation Reduction Act of 2022the Inflation Reduction Act of 2022”;53 and
    o ";58 and E.O. 14096, E.O. 14096, “"Revitalizing Our NationRevitalizing Our Nation’'s Commitment to Environmental s Commitment to Environmental
    Justice for AllJustice for All”;54
    • ";59 Implement any COVID-19 mask mandate;Implement any COVID-19 mask mandate;55
    • 60 Develop or implement any DHS Environmental Justice Strategy;Develop or implement any DHS Environmental Justice Strategy;56 and
    • 61 and Implement a Implement a “"Remain-in-TexasRemain-in-Texas”" policy. policy.

    47 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/
    executive-order-protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/.
    48 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/
    executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
    49 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/04/
    executive-order-on-rebuilding-and-enhancing-programs-to-resettle-refugees-and-planning-for-the-impact-of-climate-
    change-on-migration/.
    50 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/07/
    executive-order-on-promoting-access-to-voting/.
    51 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/20/
    executive-order-on-climate-related-financial-risk/.
    52 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/
    executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/.
    53 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/12/
    executive-order-on-the-implementation-of-the-energy-and-infrastructure-provisions-of-the-inflation-reduction-act-of-
    2022/.
    54 For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2023/04/21/
    executive-order-on-revitalizing-our-nations-commitment-to-environmental-justice-for-all/.
    55 The FY2025 House section is slightly broader than the two FY2024 provisions (House Sections 560, barring funds
    for a TSA mask mandate on travelers, and 562, barring funds for a face mask mandate on DHS employees).
    56 For information on the DHS Environmental Justice Program, see https://www.dhs.gov/dhs-and-environmental-
    justice.
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    Another such general provision adopted on the House Floor last year that was also adopted in the Another such general provision adopted on the House Floor last year that was also adopted in the
    FY2025 cycle would restrict the salary of the Director of U.S. Citizenship and Immigration FY2025 cycle would restrict the salary of the Director of U.S. Citizenship and Immigration
    Services to $1.Services to $1.
    Other new general provisions added through House Floor action would restrict the use of funds Other new general provisions added through House Floor action would restrict the use of funds
    toto:
    • Implement COVID-19-era guidance reducing the hours of certain Northern Implement COVID-19-era guidance reducing the hours of certain Northern
    Border Ports of Entry;Border Ports of Entry;
    • Finalize any rule or regulation with an annual effect on the economy of $100 Finalize any rule or regulation with an annual effect on the economy of $100
    million or more;million or more;
    • Partner with the State Department to establish Safe Mobility Offices;Partner with the State Department to establish Safe Mobility Offices;57
    • 62 Purchase electric vehicles;Purchase electric vehicles;
    • Fund the TSAFund the TSA’'s Inclusion Action Committee;s Inclusion Action Committee;58
    • 63 Administer, implement or enforce the Administer, implement or enforce the “"Memorandum on the Deferred Enforced Memorandum on the Deferred Enforced
    Departure for Certain Palestinians,Departure for Certain Palestinians,”" issued on February 14, 2024; issued on February 14, 2024;5964 and and
    • Compensate the Department of Veterans Affairs for processing medical claims on Compensate the Department of Veterans Affairs for processing medical claims on
    behalf of ICE-detained individuals.behalf of ICE-detained individuals.
    Rescission Provisions (and Others Reducing the Score of the Act)
    Five separate general provisions were included in the FY2024 appropriations measure that Five separate general provisions were included in the FY2024 appropriations measure that
    reduced the overall discretionary reduced the overall discretionary “score”"score" of the act. In all, these provisions reduced the overall of the act. In all, these provisions reduced the overall
    discretionary score of the FY2024 act by almost $1.7 billion. By comparison, the FY2023 act had discretionary score of the FY2024 act by almost $1.7 billion. By comparison, the FY2023 act had
    $394 million in rescissions.$394 million in rescissions.
    For FY2025, the For FY2025, the Biden Administration proposed one such general provision, canceling $204 million in Administration proposed one such general provision, canceling $204 million in
    current unobligated appropriations from previously provided appropriations in two different DHS current unobligated appropriations from previously provided appropriations in two different DHS
    accounts. A parallel provision in the FY2024 act rescinded $239 million from 22 different DHS accounts. A parallel provision in the FY2024 act rescinded $239 million from 22 different DHS
    accounts.accounts.
    House-passed H.R. 8752 included two general provisions rescinding funds. The first, HAC House-passed H.R. 8752 included two general provisions rescinding funds. The first, HAC
    Section 549, rescinds $600 million in unobligated border barrier construction funds that would Section 549, rescinds $600 million in unobligated border barrier construction funds that would
    have expired at the end of FY2025. This budget authority is essentially appropriated anew in Title have expired at the end of FY2025. This budget authority is essentially appropriated anew in Title
    II for the same purpose, and as a result, would be available for obligation until the end of II for the same purpose, and as a result, would be available for obligation until the end of
    FY2029. Section 550 would rescind $154 million from the DHS Nonrecurring Expenses Fund.FY2029. Section 550 would rescind $154 million from the DHS Nonrecurring Expenses Fund.
    Like the Like the Administration’Biden Administration's FY2025 request, House-passed H.R. 8752 did not include rescissions of s FY2025 request, House-passed H.R. 8752 did not include rescissions of
    expiring operations and support appropriations, rescissions of funds from other supplemental expiring operations and support appropriations, rescissions of funds from other supplemental
    measures, offsets for appropriations from dedicated funds, or rescissions from other departments measures, offsets for appropriations from dedicated funds, or rescissions from other departments
    to offset the cost of the measure.

    57 For information on the Safe Mobility Initiative, see CRS In Focus IF12538, U.S. Efforts to Manage Western
    Hemisphere Migration Flows    , by Clare Ribando Seelke and Peter J. Meyer; and https://www.state.gov/refugee-
    admissions/safe-mobility-initiative/.
    58 The Inclusion Action Committee is an advisory committee within TSA. For information on the Committee, see
    https://www.tsa.gov/sites/default/files/inclusion_action_committee_report.pdf, and Justin Doubleday, “TSA Hiring
    DEI Chief to Help Tackle Lack of Diversity Among Senior Ranks,” May 30, 2022, https://federalnewsnetwork.com/
    hiring-retention/2022/05/tsa-hiring-dei-chief-to-help-tackle-lack-of-diversity-among-senior-ranks/.
    59 For the text of the memorandum, see https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/
    memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/.
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    to offset the cost of the measure. One amendment was adopted on the House Floor that reduced the Operations and Support One amendment was adopted on the House Floor that reduced the Operations and Support
    appropriation for the Office of the Secretary and Executive Management by $10 million and put appropriation for the Office of the Secretary and Executive Management by $10 million and put
    the budget authority in the the budget authority in the “"Spending Reduction AccountSpending Reduction Account”" in Section 552. Appendix A. Glossary of Abbreviations

    Glossary

    CBP

    U.S. Customs and Border Protection

    CISA

     in Section 552.

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    Appendix A. Glossary of Abbreviations
    Glossary
    CBP
    U.S. Customs and Border Protection
    CISA
    Cybersecurity and Infrastructure Security AgencyCybersecurity and Infrastructure Security Agency
    CRS
    Congressional Research Service
    DHS

    CRS

    Congressional Research Service

    DHS

    U.S. Department of Homeland Security

    FEMA

    Federal Emergency Management Agency

    FLETC

    Federal Law Enforcement Training Centers

    HAC

    House Appropriations Committee

    ICE

    U.S. Immigration and Customs Enforcement

    OIG

    Office of Inspector General

    OMB

    Office of Management and Budget

    OSEM

    U.S. Department of Homeland Security
    FEMA
    Federal Emergency Management Agency
    FLETC
    Federal Law Enforcement Training Centers
    HAC
    House Appropriations Committee
    ICE
    U.S. Immigration and Customs Enforcement
    OIG
    Office of Inspector General
    OMB
    Office of Management and Budget
    OSEM
    Office of the Secretary and Executive ManagementOffice of the Secretary and Executive Management
    O&S
    Operations and SupportOperations and Support
    PC&I

    PC&I

    Procurement, Construction, and ImprovementsProcurement, Construction, and Improvements
    R&D
    Research and Development
    S&T
    Science and Technology Directorate
    TSA
    Transportation Security Administration
    USCG
    U.S. Coast Guard
    USSS
    U.S. Secret Service

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    Appendix B.

    R&D

    Research and Development

    S&T

    Science and Technology Directorate

    TSA

    Transportation Security Administration

    USCG

    U.S. Coast Guard

    USSS

    U.S. Secret Service

    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 and some Title V General Provisions into groups of “"administrative provisionsadministrative provisions”" at the end of each 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.
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    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 (FY2024 Section 501);the fiscal year unless the bill specifically provides for it (FY2024 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 (FY2024 Section 502);accounts (FY2024 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 FY2024 Section of budget authority in the bill (a modified version continued as FY2024 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 (FY2024 Section 505);in the following fiscal year (FY2024 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 FY2024 Section 506);modified version continued as FY2024 Section 506);
    • FY2004 Section 510—Requires advance notice of grant awards (an expanded —Requires advance notice of grant awards (an expanded
    version continued as FY2024 Section 507);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 (FY2024 Section 508);of the appropriations committees (FY2024 Section 508);
    • FY2004 Section 516—Requires certain construction projects to have an —Requires certain construction projects to have an
    approved prospectus to be funded (FY2024 Section 509); andapproved prospectus to be funded (FY2024 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 FY2024 Section 511).Buy American Act (a modified version continued as FY2024 Section 511).
    Several of these general provisions were one-time provisions that provided authorizations or Several of these general provisions were one-time provisions that provided authorizations or
    restrictions beyond FY2004, or converted structure and functions of formerly independent restrictions beyond FY2004, or converted structure and functions of formerly independent
    components into DHS functions.components into DHS functions.
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    • FY2004 Section 505—Provided flexibility for DHS to use certain funds for —Provided flexibility for DHS to use certain funds for
    specific types of purchases specific types of purchases “"in fiscal year 2004 and thereafter, unless otherwise in fiscal year 2004 and thereafter, unless otherwise
    provided”;60
    • provided";65 FY2004 Section 506—Made the FEMA —Made the FEMA “"Working Capital FundWorking Capital Fund”" account account
    available to DHS, and renamed it as available to DHS, and renamed it as “"Department of Homeland Security Working Department of Homeland Security Working
    Capital FundCapital Fund”;
    • "; FY2004 Section 507—Made the FEMA —Made the FEMA “"Bequests and GiftsBequests and Gifts”" account available account available
    to DHS, and renamed it as to DHS, and renamed it as “"Department of Homeland Security, Gifts and Department of Homeland Security, Gifts and
    Donations”;
    • Donations"; FY2004 Section 513—Required customs declarations to ask —Required customs declarations to ask “"whether the whether the
    passenger had been in the proximity of livestockpassenger 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,would prevent enforcement of certain laws against forced child labor,6166 or allow or allow
    goods made with such labor to be brought into the country; andgoods 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;assessing federal law enforcement training programs, facilities, and instructors;62
    • 67 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; andthresholds; 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 such systems were online, to and screen air cargo on passenger aircraft, and until such systems were online, to
    use the known shipper program to prevent high-risk cargo from being carried on use the known shipper program to prevent high-risk cargo from being carried on
    passenger planes.passenger 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

    60 Future appropriations measures restated some of these authorities in different fashions: therefore, these should not be
    considered enduring authorities.
    61 As defined under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307).
    62 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
    Act.
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    the next three years, the bill was enacted as a stand-alone measure within the first month of the the next three years, the bill was enacted as a stand-alone measure within the first month of the
    fiscal year. The FY2008 act was signed into law as a division of a consolidated appropriations fiscal year. The FY2008 act was signed into law as a division of a consolidated appropriations
    measure almost three months into the fiscal year. Some observers note this as an indicator of measure almost three months into the fiscal year. Some observers note this as an indicator of
    increasing challenges in passing the measure.increasing challenges in passing the measure.
    Appropriations Titles I-IV
    The FY2008 Act included several components that had not appeared in the first DHS The FY2008 Act included several components that had not appeared in the first DHS
    appropriations act, as well as a reconstituted FEMA. New components are noted below, but the appropriations act, as well as a reconstituted FEMA. New components are noted below, but the
    general structure of the titles of the measure remained, with slight changes to the names of Titles general structure of the titles of the measure remained, with slight changes to the names of Titles
    III and IV:III and IV:
    • Title I——Departmental Management and Operations—headquarters functions, —headquarters functions,
    now including specific appropriations for the Office of the Chief Financial now including specific appropriations for the Office of the Chief Financial
    Officer, the Office of the Chief Information Officer, Analysis and Operations, and Officer, the Office of the Chief Information Officer, Analysis and Operations, and
    Office of the Federal Coordinator of Gulf Coast Rebuilding;Office of the Federal Coordinator of Gulf Coast Rebuilding;
    • Title II——Security, Enforcement, and Investigations—law enforcement —law enforcement
    operational components;operational components;
    • Title III——Protection, Preparedness, Response and Recovery—the new —the new
    National Protection and Programs Directorate, the Office of Health Affairs, and National Protection and Programs Directorate, the Office of Health Affairs, and
    the reconstituted FEMA;the reconstituted FEMA;
    • Title IV——Research and Development, Training, and Services—specialized —specialized
    components, including the Domestic Nuclear Detection Office;components, including the Domestic Nuclear Detection Office;6368 and and
    • Title V—General Provisions
  • 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 included in the act, containing the “"Border Infrastructure and Technology Modernization Act of 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 (FY2024 Section 512);Oath of Allegiance (FY2024 Section 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 FY2024 act as Section 402);USCIS (a modified version appears in the FY2024 act as Section 402);

    63 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
    appeared in this title in the FY2008 Act.
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    • FY2008 Section 526—Required a monthly budget and staffing report (a —Required a monthly budget and staffing report (a
    modified version appears in the FY2024 act as Section 102);modified version appears in the FY2024 act as Section 102);
    • FY2008 Section 529—Classifies FLETC instructor staff positions as inherently —Classifies FLETC instructor staff positions as inherently
    governmental functions (FY2024 Section 407);governmental functions (FY2024 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 FY2024 act as Section 225);modified version appears in the FY2024 act as Section 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
    FY2024 act as Section 101, requiring reporting on such contract awards);FY2024 act as Section 101, requiring reporting on such contract awards);
    • FY2008 Section 541—Blocked the use of funding for —Blocked the use of funding for “"any position designated any position designated
    as a Principal Federal Officialas a Principal Federal Official”" for Stafford Act-declared incidents (a modified for Stafford Act-declared incidents (a modified
    version appears in the FY2024 act as Section 530);version appears in the FY2024 act as Section 530);
    • FY2008 Section 546—Blocked the Secretary—Blocked the Secretary’'s authority to reorganize the s authority to reorganize the
    Department under Section 872 of the Homeland Security Act (FY2024 Section Department under Section 872 of the Homeland Security Act (FY2024 Section
    513);513);
    • FY2008 Section 548—Blocked reductions of the Coast Guard—Blocked reductions of the Coast Guard’'s Operations 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
    FY2024 act as Section 223);FY2024 act as Section 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 (FY2024 Section 224);National Vessel Documentation Center (FY2024 Section 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 (FY2024 Section 205); importing certain prescription drugs for their personal use (FY2024 Section 205);
    and
    • and FY2008 Section 567—Blocked the use of funds —Blocked the use of funds “"for planning, testing, piloting, for planning, testing, piloting,
    or developing a national identification cardor developing a national identification card”" (FY2024 Section 514). (FY2024 Section 514).
    The Common Appropriations Structure DHS Appropriations Act:
    FY2017
    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, of appropriations for the entire department, Congress and the Administrationthe ensuing Congresses and Administrations continued to provide 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 an interim report in 2015, DHS noted that operating with “"over 70 different appropriations and 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 comparisons between programs, and complicated spending decisions and other managerial
    decision-making.”64

    64 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

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    link to page 31 Department of Homeland Security Appropriations: FY2025 Provisions

    decision-making."69 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.funding the department in October 2016.6570 Part of the restructuring of the appropriations included 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 of specific appropriations or in general provisions into sections at the end of each titletitle. Table B-1
    shows total general provisions and administrative provisions for the last ten enacted DHS shows total general provisions and administrative provisions for the last ten enacted DHS
    appropriations acts.appropriations acts.
    Table B-1. Tally of General and Administrative Provisions, 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
    2015
    78




    78
    2016
    75




    75
    2017
    44
    8
    28
    12
    9
    101
    2018
    45
    7
    31
    8
    8
    99
    2019
    40
    6
    31
    9
    8
    94
    2020
    40
    5
    36
    7
    7
    95
    2021
    42
    6
    35
    11
    7
    101
    2022
    48
    8
    36
    11
    8
    111
    2023
    49
    8
    36
    11
    7
    111
    2024
    51
    6
    31
    11
    7
    106
    Source: CRS analysis of enacted DHS appropriations.

    General Provisions

    Administrative Provisions

    Fiscal Year

    Title V

    Title I

    Title II

    Title III

    Title IV

    Total

    2015

    78

    78

    2016

    75

    75

    2017

    44

    8

    28

    12

    9

    101

    2018

    45

    7

    31

    8

    8

    99

    2019

    40

    6

    31

    9

    8

    94

    2020

    40

    5

    36

    7

    7

    95

    2021

    42

    6

    35

    11

    7

    101

    2022

    48

    8

    36

    11

    8

    111

    2023

    49

    8

    36

    11

    7

    111

    2024

    51

    6

    31

    11

    7

    106

    Source: CRS analysis of enacted DHS appropriations.

    Note:     Administrative provisions first appeared in DHS annual appropriations in the FY2017 act (P.L. 115-56Administrative provisions first appeared in DHS annual appropriations in the FY2017 act (P.L. 115-56, Division F).

    Footnotes

    1.

    The Senate Appropriations Committee did not mark up its version of the annual appropriations measure for the U.S. Department of Homeland Security (DHS) for FY2025.

    2.

    P.L. 119-4, Division A, Section 1101(a).

    3.

    Overtime Pay for Protective Services Act of 2023 (P.L. 118-38), Section 2(a)(1)(C).

    4.

    P.L. 117-103, Division F, Section 231.

    5.

    P.L. 115-282.

    6.

    Those that would alter the practical effects of such provisions from that year.

    7.

    CRS analysis of Office of Management and Budget, Fiscal Year 2025 Budget of the U.S. Government: Appendix, March 11, 2024, pp. 498-499, https://www.govinfo.gov/content/pkg/BUDGET-2025-APP/pdf/BUDGET-2025-APP.pdf (hereinafter, FY2025 Appendix); P.L. 117-328, Division F; P.L. 118-47, Division C; and House Appropriations Committee (HAC)-reported H.R. 8752.

    8.

    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.)

    9.

    In this context, "current" describes provisions that were enacted in functionally congruent forms in FY2023 (the most recent enacted version of the provision available at the time the FY2025 budget request was prepared) and FY2024 (the appropriations measure in force during consideration of the Biden Administration's FY2025 request).

    10.

    FY2025 Appendix, pp. 498-499.

    11.

    P.L. 115-141, Division F, Section 230. A variant of this provision was carried in P.L. 115-31, Division F, Title VI, where direction was provided in a supplemental appropriation for CBP's Procurement, Construction, and Improvements account (131 Stat. 433).

    12.

    P.L. 117-103, Division F, Section 231.

    13.

    P.L. 115-282.

    14.

    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.

    15.

    Prior to FY2018, this flexibility was included in the language of USCG's Operating Expenses appropriation.

    16.

    Reprogramming is the action of shifting budget authority from one program, project, or activity to another.

    17.

    CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.

    18.

    P.L. 107-103, Division F, Section 231.

    19.

    P.L. 115-282.

    20.

    A similar amendment that referenced the I-20 document that provides supporting information on a student with an F or M visa status was included as Section 242 in the FY2024 HAC-reported measure.

    21.

    A similar amendment with a slightly broader restriction was included as Section 547 in the FY2024 HAC-reported measure.

    22.

    H.R. 8070, Sections 711 and 712.

    23.

    CRS analysis of FY2025 Appendix, pp. 511-512; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported H.R. 8752.

    24.

    FY2025 Appendix, pp. 511-512.

    25.

    The text of these provisions and their descriptions can be found in "FY2024 Committee Print"; provisions on pp. 536-537, descriptions on pp. 588-589.

    26.

    CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.

    27.

    CRS analysis of FY2025 Appendix, p. 522; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported H.R. 8752.

    28.

    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.

    29.

    FY2025 Appendix, p. 522.

    30.

    CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.

    31.

    For more information on H-2B visa policy, see CRS Report R44306, The H-2B Visa and the Statutory Cap, by Andorra Bruno.

    32.

    P.L. 118-47, Division G, Section 105.

    33.

    CRS analysis of FY2025 Appendix, p. 474; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported H.R. 8752.

    34.

    FY2025 Appendix, p. 474.

    35.

    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.

    36.

    The Office of Management and Budget (OMB) defines a major acquisition as "a capital project that requires special management attention because of its: (1) importance to an agency's mission; (2) high development, operating, or maintenance costs; (3) high risk; (4) high return; or (5) significant role in the administration of an agency's programs, finances, property, or other resources."

    37.

    A list of all DHS major acquisitions developed by the DHS Office of Program Accountability and Risk Management.

    38.

    For more details on this proposal, see CRS Report R48074, DHS Budget Request Analysis: FY2025, by William L. Painter, p. 4 on the type of appropriation, and p. 6 on the triggers.

    39.

    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).

    40.

    CRS analysis of FY2025 Appendix, p. 474; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported H.R. 8752.

    41.

    CRS analysis of FY2025 Appendix, pp. 522-525; P.L. 117-328, Division F; P.L. 118-47, Division C; and HAC-reported H.R. 8752.

    42.

    FY2025 Appendix, pp. 522-525.

    43.

    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.

    44.

    P.L. 116-260, Division F, Section 537.

    45.

    P.L. 116-260, Division F, Section 542.

    46.

    P.L. 115-31, Division F, Section 532.

    47.

    P.L. 112-74, Division D, Section 541. The provision was also carried in the Full-Year Continuing Appropriations Act, 2010 (P.L. 112-10, Division B) as Section 1112.

    48.

    P.L. 115-91, Division A, Title X, Section 1077(b)(1).

    49.

    P.L. 110-161, Division E, Section 520.

    50.

    P.L. 111-83, Section 570.

    51.

    CRS analysis of HAC-reported H.R. 4367, P.L. 118-47, Division C, and HAC-reported H.R. 8752.

    52. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/. 53. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/. 54. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/04/executive-order-on-rebuilding-and-enhancing-programs-to-resettle-refugees-and-planning-for-the-impact-of-climate-change-on-migration/. 55. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/07/executive-order-on-promoting-access-to-voting/. 56. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/20/executive-order-on-climate-related-financial-risk/. 57. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/. 58. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/12/executive-order-on-the-implementation-of-the-energy-and-infrastructure-provisions-of-the-inflation-reduction-act-of-2022/. 59. For the text of the Executive Order, see https://www.whitehouse.gov/briefing-room/presidential-actions/2023/04/21/executive-order-on-revitalizing-our-nations-commitment-to-environmental-justice-for-all/. 60.

    The FY2025 House section is slightly broader than the two FY2024 provisions (House Sections 560, barring funds for a TSA mask mandate on travelers, and 562, barring funds for a face mask mandate on DHS employees).

    61.

    For information on the DHS Environmental Justice Program, see https://www.dhs.gov/dhs-and-environmental-justice.

    62. For information on the Safe Mobility Initiative, see CRS In Focus IF12538, U.S. Efforts to Manage Western Hemisphere Migration Flows, by Clare Ribando Seelke and Peter J. Meyer; and https://www.state.gov/refugee-admissions/safe-mobility-initiative/. 63. The Inclusion Action Committee is an advisory committee within TSA. For information on the committee, see https://www.tsa.gov/sites/default/files/inclusion_action_committee_report.pdf, and Justin Doubleday, "TSA Hiring DEI Chief to Help Tackle Lack of Diversity Among Senior Ranks," May 30, 2022, https://federalnewsnetwork.com/hiring-retention/2022/05/tsa-hiring-dei-chief-to-help-tackle-lack-of-diversity-among-senior-ranks/. 64. For the text of the memorandum, see https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/. 65.

    Future appropriations measures restated some of these authorities in different fashions: therefore, these should not be considered enduring authorities.

    66.

    As defined under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307).

    67.

    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 Act.

    68.

    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 appeared in this title in the FY2008 Act.

    69.

    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.

    70.

    The Coast Guard, due to limitations of its financial management system, did not implement the system until FY2019.

    ,
    Division F).





    Author Information

    William L. Painter

    Specialist in Homeland Security and Appropriations


    65 The Coast Guard, due to limitations of its financial management system, did not implement the system until FY2019.
    Congressional Research Service

    27
    Department of Homeland Security Appropriations: FY2025 Provisions



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