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:
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 enacted in appropriations 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.
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 to FY2025 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 It also includes, for historical reference, a discussion of changes from the provisions in the DHS appropriations acts for FY2023 and FY2024, as reflected in
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:
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. |
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.
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.
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.
This portion of the report focuses on administrative and general provisions included in
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 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 law when the House considered the measure.
For each title of the bill, the report provides a list of the components funded therein. This is followed by sections analyzing the Biden Administration's request for FY2025, and the House Appropriations Committee-reported response. Subsections describe proposals to not include prior-year provisions, substantive changes6 to current provisions (those enacted for FY2023 or FY2024), and new provisions added for FY2025.
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 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.
To avoid confusion between differing section numbers in various versions of acts and bills, sections of the FY2024 act are referred to as "FY2024 Sections," and those of H.R. 8752 are referred to as "House Sections."
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.
Title II of annual DHS appropriations measures typically covers appropriations for
The Biden Administration proposed 33 administrative provisions for Title II of the FY2025 Act. Title II of the FY2024 act, passed two weeks later, ultimately included 31.8 The FY2025 request did not include two provisions that had been carried in recent DHS Appropriations Acts, proposed modifying two others compared to their current9 versions, and would add two new provisions.10
The following provision was not included in the FY2025 request, but had yet to be enacted prior to the release of the request:
The Biden Administration proposed modifying two current administrative provisions in its request for FY2025:
The Biden Administration also proposed continuing a provision from FY2023 that the FY2024 act later modified:
The Biden 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 enacted annual appropriations measure:
Neither of these provisions were included in House-passed H.R. 8752.
Three FY2023 provisions were included in the FY2025 request, but Congress subsequently chose not to include them in the FY2024 act:
None of these provisions were included in House-passed H.R. 8752.
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 proposed not carrying forward one provision from the FY2024 act, modifying two, and adding 21.
|
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 |
Sources: CRS analysis of P.L. 118-47, Division C, Section 211, DHS Budget Overview, and H.R. 8752.
a. The Biden Administration's request does not include statutory direction for these numbers. Rather, the breakdown shown here reflects the Administration's plans as described in the budget justification.
HAC-reported H.R. 8752 included 21 Title II administrative provisions that were not included in the previous two enacted DHS appropriations acts.
One of these would provide specific direction for DHS:
Another speaks more generally to the applicability of certain state and local laws:
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 included eleven of these, restricting
Five other Title II administrative provisions that were not included in the FY2024 HAC-reported measure would restrict the use of funds to
Three new administrative provisions were added in full committee markup of the bill by voice vote:
Title III of annual DHS appropriations measures currently covers appropriations for
The Biden Administration proposed 15 administrative provisions for Title III of the FY2025 Act.24 Title III of the FY2024 act, passed two weeks later, ultimately included 11.25 The FY2025 request 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.
For the second fiscal year in a row the Biden Administration proposed the following modification:
Three new administrative provisions were proposed by the Biden Administration:
One FY2023 provision was included in the FY2025 request, but Congress chose not to include it in the FY2024 act:
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 action.
Title IV of annual DHS appropriations measures currently covers appropriations for
The Biden 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.28
The Biden 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 of FY2025.29 The House-passed bill did not include such a provision.
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 would have added five new administrative provisions to Title IV.
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, restricting
A third new provision would restrict
Two other provisions provided other direction to the department:
Two administrative provisions were added in full committee markup:
Title I of annual DHS appropriations measures currently covers appropriations for
The Biden Administration proposed six administrative provisions for Title I of the FY2025 Act.34 Title I of the FY2024 act, passed two weeks later, ultimately included six.35 Although there was no net change in the number of provisions, the Administration's request did not include two provisions 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.
FY2024 Section 105: Carried since FY2022, this administrative provision required the Under Secretary for Management to provide a quarterly briefing to the appropriations committees on DHS's major acquisition programs,36 as well as copies of each acquisition memorandum as they are approved. The requirement would have covered all acquisition programs costing more than $300 million over their lifecycle on the DHS Master Acquisition Oversight List.37 All such programs from the point that a program manager had begun to review approaches to meeting a capability need to full operational capability were to be included, including those programs removed from the list in the preceding quarter. In FY2023, additional parameters were added for the cost estimates. The Biden Administration unsuccessfully proposed not including this provision in the FY2024 act, and it was included in the FY2025 HAC-reported bill as well.
FY2024 Section 106: Carried since FY2022, this administrative provision required reporting from the DHS Under Secretary for Management to the appropriations committees before DHS could obligate money from the act for pilot or demonstration programs. To trigger the reporting, the program would need to use more than 10 full-time equivalents (FTE) or $5 million, with some exceptions provided for IT contract work and programs specifically directed by Congress. The provision was included in the FY2025 HAC-reported bill as Section 106.
The Biden Administration also proposed a new general provision to establish a "Department of Homeland Security Southwest Border Contingency Operations Fund," through which the 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 quarter.38 The Administration first proposed this provision for the FY2024 act, but was unsuccessful in securing its inclusion.
One long-standing provision was included in the FY2025 request, but Congress chose not to include it in the FY2024 act:
The House Appropriations Committee proposed no substantive modifications of the Title I administrative provisions, and none were made through House Floor action.
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, affect multiple components, or focus on a single activity. Title V often includes provisions that make additional appropriations and others that make rescissions—cancellations of previously provided but unobligated budget authority. They reduce the net budget authority provided by the bill, lowering its "score" against budget allocations and statutory budget limits. Traditionally, they are found at the end of Title V of the DHS Appropriations Act. As they are distinct in form and function from the policy provisions of Title V, those provisions are addressed separately at the end of the section.
|
Some Provisions Are More General Than Others There are general provisions not included in this report that affect DHS; their effect is so broad they cover the entire federal government. Title VII of the Financial Services and General Government Appropriations Act includes these broad general provisions, which address a range of issues. |
The Biden Administration proposed 38 general provisions for the FY2025 act.42 Title V of the FY2024 act, passed two weeks later, ultimately included 51.43 (Four of these did not apply to the Department, but instead provided technical corrections to unrelated matters.)
The Administration's request did not include five provisions that had been carried in recent DHS Appropriations Acts, modified one current provision, and proposed adding one.
The Biden Administration sought to remove five general provisions that appeared in both the FY2023 and FY2024 DHS appropriations acts:
Three general provisions that were new in the FY2024 act were not included in the Biden Administration's FY2025 request: one was a one-time provision, but two others could be repeated in future acts.
The Biden Administration proposed one modification to a general provision carried in FY2023 and FY2024:
In addition, the FY2024 measure made a change in a long-standing provision that had not been anticipated in the FY2025 request:
The Biden Administration proposed one new general provision: The Administration sought the ability to transfer up to 5% of any appropriation into the "Information Technology Modernization Fund" for DHS that was authorized under the National Defense Authorization Act for Fiscal Year 2018.48 The Biden Administration first proposed this provision in its FY2022 budget request.
The Biden Administration's FY2025 request also included two provisions that would not be included in the FY2024 enacted measure:
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 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 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 "spending reduction account."
One general provision was added to the bill in full committee markup:
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 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 FY2024 cycle, but were not enacted, including those barring the use of funds to
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 Services to $1.
Other new general provisions added through House Floor action would restrict the use of funds to
Five separate general provisions were included in the FY2024 appropriations measure that reduced the overall discretionary "score" 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 $394 million in rescissions.
For FY2025, the Biden Administration proposed one such general provision, canceling $204 million in 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.
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 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 FY2029. Section 550 would rescind $154 million from the DHS Nonrecurring Expenses Fund.
Like the Biden Administration's FY2025 request, House-passed H.R. 8752 did not include rescissions of expiring operations and support appropriations, rescissions of funds from other supplemental measures, offsets for appropriations from dedicated funds, or rescissions from other departments to offset the cost of the measure.
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 the budget authority in the "Spending Reduction Account" in Section 552.
Appendix A. Glossary of Abbreviations
Glossary
|
CBP |
U.S. Customs and Border Protection |
|
CISA |
Cybersecurity and Infrastructure Security Agency |
|
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 |
Office of the Secretary and Executive Management |
|
O&S |
Operations and Support |
|
PC&I |
Procurement, Construction, and Improvements |
|
R&D |
Research and Development |
|
S&T |
Science and Technology Directorate |
|
TSA |
Transportation Security Administration |
|
USCG |
U.S. Coast Guard |
|
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 development in the FY2004 cycle.
Initial appropriations structures were not consistent across the bill, and departmental 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 act.
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, 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 and some Title V General Provisions into groups of "administrative provisions" at the end of each title. The structure of the bill has remained relatively consistent since.
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 Structure and administrative provisions—to highlight where many of the long-standing provisions 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 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.
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 consistent:
Appropriations Titles I-IV
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 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 FY2003. New major components—U.S. Customs and Border Protection and Immigration and Customs Enforcement—generally followed the structure of legacy Customs Service appropriations.
These appropriations included direction to the individual components through provisos within the 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 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 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, often providing direction across multiple appropriations, but no such provisions appeared in the initial DHS appropriations act.
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 account.
General Provisions
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:
Several of these general provisions were one-time provisions that provided authorizations or restrictions beyond FY2004, or converted structure and functions of formerly independent components into DHS functions.
Others provided direction to the department or its components:
The Post-Katrina DHS Appropriations Act: FY2008
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 funding had shifted.
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 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 measure almost three months into the fiscal year. Some observers note this as an indicator of increasing challenges in passing the measure.
Appropriations Titles I-IV
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 general structure of the titles of the measure remained, with slight changes to the names of Titles III and IV:
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 structure of the appropriations themselves did not necessarily align with the desired rescissions, 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 included several sections of significant length making changes to the U.S. Code, including 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 to the International Registered Traveler Program (Section 565). In addition, a sixth title was included in the act, containing the "Border Infrastructure and Technology Modernization Act of 2007."
Several other general provisions that are still part of the current structure of the DHS appropriations act appeared in FY2008:
The Common Appropriations Structure DHS Appropriations Act: FY2017
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 of appropriations for the entire department, the ensuing Congresses and Administrations continued to provide resources through existing account structures when possible.
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. This would be the most significant restructuring of DHS appropriations since its establishment. In an interim report in 2015, DHS noted that operating with "over 70 different appropriations and over 100 Programs, Projects, and Activities ... has contributed to a lack of transparency, inhibited comparisons between programs, and complicated spending decisions and other managerial decision-making."69
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 funding the department in October 2016.70 Part of the restructuring of the appropriations included the addition of administrative provisions, shifting instructions that had been included in language of specific appropriations or in general provisions into sections at the end of each title. Table B-1 shows total general provisions and administrative provisions for the last ten enacted DHS appropriations acts.
Table B-1. Tally of General and Administrative Provisions, FY2015-FY2024
(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.
Note: Administrative provisions first appeared in DHS annual appropriations in the FY2017 act (P.L. 115-56, Division F).
| 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. | |
| 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. | |
| 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. | |
| 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. |