Department of Homeland Security Appropriations: FY2025 Provisions

June 28, 2024 R48126

Department of Homeland Security
June 28, 2024
Appropriations: FY2025 Provisions
William L. Painter
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
Security and
authority can (or cannot) be used. Sometimes enacted appropriations measures include
Appropriations
authorizing (or “legislative”) provisions as well.

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

1. in the language of individual appropriations;
2. in administrative provisions at the end of a title; and
3. in general provisions at the end of a bill (or division, in the case of a consolidated measure).
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. It notes changes from the provisions in the DHS appropriations acts for FY2023 and FY2024, reflected in
• the detailed proposals for administrative and general provisions made in the Administration’s FY2025
appropriations request for DHS (although it should be noted that the request was made before the FY2024
provisions were finalized); and
• the administrative and general provisions in House-passed H.R. 8752.

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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’s FY2025 appropriations request for DHS; and
• the administrative and general provisions in House-passed H.R. 8752.
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
current law as of the date of publication.
Structure
For each title of the bill, the report provides a list of the components funded therein. This is
followed by sections analyzing the Administration’s request for FY2025, and the House
Appropriations Committee-reported response. Subsections describe proposals to not include
prior-year provisions, substantive changes1 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.
Security, Enforcement, and Investigations
Administrative Provisions (Title II)
Title II of annual DHS appropriations measures typically covers appropriations for
• U.S. Customs and Border Protection (CBP);
• U.S. Immigration and Customs Enforcement (ICE);
• the Transportation Security Administration (TSA);
• U.S. Coast Guard (USCG); and
• U.S. Secret Service (USSS).

1 Those that would alter the practical effects of such provisions from that year.
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Department of Homeland Security Appropriations: FY2025 Provisions

Administration-proposed Changes2
The Administration proposed 33 administrative provisions for Title II of the FY2025 Act. Title II
of the FY2024 act, passed two weeks later, ultimately included 31.3 The FY2025 request did not
include two provisions that had been carried in recent DHS Appropriations Acts, proposed
modifying two others compared to their current4 versions, and would add two new provisions.5
Administration-proposed Deletions
• FY2024 Section 211: Included since FY2018 in annual appropriations,6 this
administrative provision delimited the use of part of CBP’s Procurement,
Construction, and Improvements appropriation.
• The House-passed bill included this provision as HAC Section 211. Changes
are described in the “House Appropriations Committee-Proposed
Modifications” subsection below.
• FY2024 Section 227: Included since FY2022,7 this administrative provision
restricted the USCG from charging a fee for inspecting certain towing vessels
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
reflect its costs.8
• 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
to the release of the request:
• FY2024 Section 217: This administrative provision (new in FY2024) required
the ICE Chief Financial Officer to submit to the appropriations committees an
obligation plan for the component within 45 days of enactment.
• 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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Department of Homeland Security Appropriations: FY2025 Provisions

Administration-proposed Modifications
The Administration proposed modifying two current administrative provisions in its request for
FY2025:
• FY2024 Section 220: Included since FY2020, this provision required the Administrator
of the TSA to submit to certain congressional committees a single report that fulfils the
requirements of a Capital Investment Plan, a five-year technology investment plan, and
an Advanced Integrated Passenger Screening Technologies report. The Administration
proposed dropping language that had been added to the description of the Capital
Investment Plan in the FY2023 act that required it to be “both constrained and
unconstrained.”9
FY2024 Section 222: Included since FY2015, when it appeared as a provision within the U.S.
Coast Guard Acquisition, Construction, and Improvements appropriation, this administrative
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 Administration
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.
That plan, while is similar in many respects, differs in some parameters and has a different
timetable for production.
The House-passed bill included neither of these modifications.
The Administration also proposed continuing a provision from FY2023 that the FY2024 act later
modified:
• FY2024 Section 218: This provision, first carried as a proviso in the TSA
Aviation Security appropriation in FY2006, blocked certain senior government
officials from being exempted from passenger and baggage screening. In the
FY2024 measure, it was modified to add a subsection barring the use of funds to
carry out legislation modifying those passenger and screening requirements.
• The House-passed bill included the modified provision as HAC Section 234.
Administration-proposed Additions
The 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:
• authorization for CBP to use unobligated balances of its Procurement,
Construction, and Improvement appropriations from FY2021 for other specified
border management purposes; and
• authorization for DHS to transfer up to $225 million in unobligated CBP
Procurement, Construction, and Improvement appropriations from prior years to
the Department of the Interior (including any agency or bureau within the
Department of the Interior) or the Forest Service “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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environmental and other mitigation projects or activities ... related to the
construction of border barriers on the southwest border.”
• 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:
• FY2023 Section 219: This provision, first carried in FY2009 as a direction
within the TSA Aviation Security appropriation, required TSA to award grants for
deployment of explosive detection systems on the basis of “risk, the airport’s
current reliance on other solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness and increased cost
effectiveness.”
• FY2023 Section 224: This provision allowed greater flexibility for the USCG to
reprogram up to $10 million in its Operations and Support appropriation to or
from its Military Personnel funding category and between its Field Operations
funding subcategories. The former flexibility was first provided in FY2014, and
the latter was added in FY2022.
• FY2023 Section 226: This provision, included in some form since FY2010,10
initially allowed the USCG to allocate funding within its operations appropriation
designated as being for “Overseas Contingency Operations / Global War on
Terror” (a special budgetary designation that made it easier to provide funding
under budget limitations) to be allocated among various activities without regard
to the reprogramming11 restrictions in the bill’s general provisions. Although the
special designation fell out of use, this flexibility was maintained over the years,
most recently for funding “for defense-related activities … for enduring overseas
missions in support of the global fight against terrorism.”
• None of these provisions were included in House-passed H.R. 8752.
House Appropriations Committee-proposed Changes12
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.
House Appropriations Committee-proposed Deletions
• FY2024 Section 227: Included since FY2022,13 this administrative provision
restricted the USCG from charging a fee for inspecting certain towing vessels
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
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

House Appropriations Committee-proposed Modifications
• FY2024 Section 211: Included in annual DHS appropriations measures since
FY2018, this administrative provision has delimited the use of CBP’s annual
Procurement, Construction, and Improvements (PC&I) appropriation. HAC
Section 212 also added five subsections constraining the use of the provided
border barrier construction funds within the appropriation to certain designs,
locations, and timelines for obligation, similar to a proposal it made in the
FY2024 cycle. Table 1 compares the funding level and distribution of the
appropriation from the FY2024 act, the FY2025 request, and the House
Appropriations Committee-reported measure.
Table 1. CBP PC&I Appropriations Allocation in Administrative Provisions
Program, Project, or
P.L. 118-47,
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, DHS Budget Overview, and H.R. 8752.
a. The 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.
• FY2024 Section 216: Included since FY2021, this administrative provision
carried forward two prior-year administrative provisions from the FY2020 DHS
appropriations act by reference: Section 216, which barred the use of information
shared by the Department of Health and Human Services to detain or take steps
in the removal process against a sponsor of an unaccompanied minor, potential
sponsor of that minor, or member of that household (with some exceptions based
on risks of exploitation); and Section 217, which that required reporting on
“287(g) agreements,” under which local law enforcement works with ICE on
enforcement of immigration laws. House-passed H.R. 8752 did not carry forward
FY2020 Section 216.
House Appropriations Committee-proposed Additions
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:
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• HAC Section 228: Similar to an administrative provision added in an en bloc
amendment at full committee markup in FY2023, this provision would direct the
Secretary of DHS to allocate ICE Operations and Support appropriations to
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
non-detained docket is enrolled in the Alternatives to Detention Program, with
mandatory GPS monitoring until their proceedings are concluded (HAC Section
228).
Another speaks more generally to the applicability of certain state and local laws:
• HAC Section 233: This new administrative provision declares state and local
laws regarding employment or minimum compensation inapplicable to persons
held in immigration-related detention.
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:
• Removal of existing border barriers unless they are being repaired or replaced
(HAC Section 212);
• The use of CBP’s mobile application to facilitate the parole of any alien into the
United States (HAC Section 213);
• Implementation of a CBP policy directive on vehicular pursuits (HAC Section
214);
• 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
association recognized by the Secretary of Education (HAC Section 215);15
• Parole of nationals of the People’s Republic of China into the Commonwealth of
the Northern Mariana Islands for temporary visits without a visa (HAC Section
216);
• CBP from admitting into the U.S. “any aerosol-dispensing unmanned aircraft
system produced or manufactured in a foreign adversary country” (HAC Section
217);16
• Reducing participation in or level of delegation of authority made under section
287(g) agreements, which permit delegation of immigration enforcement
functions to state and local law enforcement (HAC Section 218).
• Implementation of policies described in two memoranda on enforcement of civil
immigration law (HAC Section 224);
• Transportation of aliens unlawfully present into the U.S. interior for purposes
other than the enforcement of immigration laws, except for unaccompanied alien
children (HAC Section 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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• Use of ICE funding to “pay for or facilitate an abortion,” with some exceptions,
or to require a person to “perform or facilitate in any way the performance of,
any abortion” (HAC Section 226); and
• Administration of hormone therapy medication or performance or facilitation of
any surgery for any person in ICE custody “for the purpose of gender-affirming
care” (HAC Section 227).
Five other Title II administrative provisions that were not included in the FY2024 HAC-reported
measure would restrict the use of funds to:
• Develop a physical identification card for purposes of alien identification,
verification of immigration status, or immigration portal access (HAC Section
230);
• Develop, pilot, or administer standards for management of the non-detained alien
population or for the Alternatives to Detention Program beyond those
incorporated in the Alternatives to Detention Handbook, as issued on August 16,
2017 (HAC Section 231);
• Implement policies described in a memorandum entitled “Guidelines for
Enforcement Actions in or Near Protected Areas” (HAC Section 232); H.R. 8070
• Implement a Final Rule on ‘‘Shipping Safety Fairways Along the Atlantic Coast’’
until the Coast Guard submits a report to the appropriators on the effect of
offshore wind turbines on marine navigation radar (HAC Section 243); and
• Implement a Final Rule on “Amendments to the North Atlantic Right Whale
Vessel Strike Reduction Rule’’ or any restrictions on vessel speed related to the
Rice’s whale that were not in place prior to the Biden Administration (HAC
Section 244).
Three new administrative provisions were added in full committee markup of the bill by voice
vote:
• HAC Section 249: This new provision would block the use of funds in the bill to
terminate or reduce contracts for family residential detention facilities.
• HAC Sections 250 and 251: These new provisions would require the TRICARE
military health system, which covers USCG personnel, to cover year-long
prescriptions for contraceptives, and bar the USCG from implementing a cost
share requirement on contraceptive pharmaceuticals and services. This would
bring USCG policy in line with the TRICARE provisions in the National Defense
Authorization Act that passed the House on June 14, 2024.17
House Floor Action
• 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,
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
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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Protection, Preparedness, Response, and Recovery
Administrative Provisions (Title III)
Title III of annual DHS appropriations measures currently covers appropriations for
• the Cybersecurity and Infrastructure Security Agency (CISA); and
• Federal Emergency Management Agency (FEMA).
Administration-Proposed Changes18
The Administration proposed 15 administrative provisions for Title III of the FY2025 Act.19 Title
III of the FY2024 act, passed two weeks later, ultimately included 11.20 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.
Administration-proposed Modifications
For the second fiscal year in a row the Administration proposed the following modification:
• FY2024 Section 304: Included since FY2017, this administrative provision
required FEMA to brief the appropriations committees on the award of certain
preparedness grants at least five business days prior to the public announcement
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
awards without meeting that requirement. The Administration proposed not
including the reduction, but was unsuccessful in getting that change made in the
House-passed bill.
Administration-proposed Additions
Three new administrative provisions were proposed by the Administration:
• One to allow FEMA to use part funding transferred from the proposed
contingency appropriation for grant programs to be used for the expenses of
administering those programs;
• One to extend the availability of certain grant funds to pay valid obligations
incurred during the grant program’s operations in FY2020.
• One to renew and extend the authority for the Chemical Facility Anti-Terrorism
Standards (CFATS) program to operate through the end of FY2025.
• None 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
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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• FY2023 Section 304: This administrative provision, carried only in FY2023,
allowed funds provided for the Nonprofit Security Grant program not to be
included in total State Homeland Security Grant Program (SHSGP) grant
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
governments within 45 days of receiving it.
• This provision was not included in House-passed H.R. 8752.
House Appropriations Committee-proposed Changes21
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.
Research, Development, Training, and Services
Administrative Provisions (Title IV)
Title IV of annual DHS appropriations measures currently covers appropriations for
• U.S. Citizenship and Immigration Services;
• Federal Law Enforcement Training Centers (FLETC);
• the Science and Technology Directorate (S&T); and
• the Countering Weapons of Mass Destruction Office.
Administration-Proposed Changes22
The 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.23
Administration-proposed Additions
The 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 FY2025.24 The House-passed bill did not include such a provision.
House Appropriations Committee-proposed Changes25
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.

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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House Appropriations Committee-proposed Additions
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:
• Implementation of a rule outlining procedures for asylum officers to consider
various claims by individuals seeking to remain in the United States without
valid immigration status (Section 404); and
• 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).
A third new provision would restrict:
• Consideration of applications for H-1B visa applications from companies
identified as being run by the Chinese military or their subsidiaries in the United
States (Section 408).
Two other provisions provided other direction to the department:
• HAC Section 406: This administrative provision, similar to a series of other
provisions enacted through appropriations legislation since FY2017, would allow
the Secretary of Homeland Security to increase the number of H-2B visas (for
temporary nonagricultural work) potentially available in FY2025. The annual
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.26
• This provision was modified by an amendment in full committee markup to
require the authority to be exercised to its maximum potential.
• HAC Section 407: This administrative provision would allow up to $2,500 in
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
House-passed measure, but not included in the FY2024 DHS appropriations act.
Two administrative provisions were added in full committee markup:
• HAC Section 413: This administrative provision is similar to one that the House
Appropriations Committee has included since the FY2018 appropriations cycle,
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—
regardless of whether the agricultural work in question was temporary or
seasonal.
• HAC Section 414: This new administrative provision would bar implementation
of an “asylum program fee” by USCIS on non-immigrant worker visas.
House Floor Action
• 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
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

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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Appropriations Act, 2024.27 No other modifications were made to the Title IV
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 for
• the Office of the Secretary and Executive Management;
• the Management Directorate;
• Intelligence, Analysis, and Situational Awareness; and
• the Office of Inspector General.
Administration-Proposed Changes28
The Administration proposed six administrative provisions for Title I of the FY2025 Act.29 Title I
of the FY2024 act, passed two weeks later, ultimately included six.30 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.
Administration-proposed Deletions
• 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,31 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.32 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 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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• 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.
Administration-proposed Additions
The 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.33 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:
• FY2023 Section 103: This provision, carried since a FY2007 supplemental
appropriations measure,34 required DHS to link any and all award fees in their
contracts to specific successful acquisition outcomes. The provision was not
included in the House-passed bill.
House Appropriations Committee-proposed Changes35
The House Appropriations Committee proposed no substantive modifications of the Title I
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
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

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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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.
Administration-Proposed Changes36
The Administration proposed 38 general provisions for the FY2025 act.37 Title V of the FY2024
act, passed two weeks later, ultimately included 51.38 (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.
Administration-proposed Deletions
The Administration sought to remove five general provisions that appeared in both the FY2023
and FY2024 DHS appropriations acts:
• FY2024 Section 531: This general provision required the DHS Under Secretary
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
similar general provision has appeared in DHS annual appropriations acts
beginning in FY2021.39 The Administration has unsuccessfully sought removal of
this provision since its enactment.
• FY2024 Section 532: This general provision required reporting to certain
congressional committees and leadership on providing, extending, or terminating
protection under any authority for former or retired federal officials or
employees. A similar general provision has appeared in DHS annual
appropriations acts beginning in FY2021.40 The Administration has
unsuccessfully sought removal of this provision since its enactment.
• FY2024 Section 534: This general provision required the Administration to
identify discretionary offsets when legislatively unauthorized fee increase
proposals are made in the budget request to support current activities, despite the
prospective nature of those additional revenue sources. A similar general
provision has appeared in DHS annual appropriations acts beginning in
FY2017.41 The Administration has unsuccessfully sought removal of this
provision since the FY2022 budget request.
• FY2024 Section 537: This general provision prohibited the use of funds for the
transfer or release of certain individuals detained at U.S. Naval Station
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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provision has appeared in DHS annual appropriations acts beginning in
FY2012.42 The Administration has unsuccessfully sought removal of this
provision since the FY2022 budget request.
• FY2024 Section 538: This general provision, new in FY2023, required the
Secretary to develop and share bimonthly estimates on noncitizens anticipated to
arrive at the U.S.-Mexico border, and use those estimates to inform policymaking
and budget processes. The FY2024 enacted version added that those estimates
should be included in supplemental appropriations requests, not just annual
appropriations requests, and that if they were not included, transfer and
reprogramming authority would be restricted until such estimates are provided to
the appropriations committees. The Administration has unsuccessfully sought
removal of this provision since the FY2024 budget request.
Three general provisions that were new in the FY2024 act were not included in the
Administration’s FY2025 request: one was a one-time provision, but two others could be repeated
in future acts.
• FY2024 Section 539: This one-time general provision modified the authorization
for the DHS Nonrecurring Expenses Fund, which had been established in the
FY2022 act to help fund DHS information technology and facilities
improvements through reuse of unobligated balances of expired appropriations. It
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
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.
This provision was not included in House-passed H.R. 8752.
• FY2024 Section 540: This new general provision required the Secretary of
Homeland Security to make an alternatives analysis and a cost-benefit analysis
before requesting assistance from the Department of Defense for border security
operations, and a report to the appropriations committees on the same. It also
requires quarterly reports on the assistance provided and operational impacts.
This provision was included without substantive change in House-passed H.R.
8752 as HAC Section 539.
• FY2024 Section 541: This new general provision allows Operations and Support
appropriations to DHS components to be used for necessary expenses of
providing an employee emergency back-up care program. This provision was
included without substantive change in House-passed H.R. 8752 as HAC Section
539.
Administration-Proposed Modifications
The Administration proposed one modification to a general provision carried in FY2023 and
FY2024:
• FY2024 Section 533: This general provision restricts the ability of DHS agencies
from submitting projects to the board of the DHS Technology Modernization
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

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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funding requested through appropriations. The Administration’s proposed
modification specifies that the responsibility for the reporting lies with the
agency Chief Information Officer. House-passed H.R. 8752 did not include this
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
anticipated in the FY2025 request:
• FY2024 Section 503: The FY2024 act included modifications to subsection (d)
restricting the Administration’s ability to reprogram or transfer funds between
appropriations. The new restrictions bar such moves for either changing funding
levels for grant programs or creating a program, project, or activity not approved
by Congress in the enactment of the annual appropriations act. House-passed
H.R. 8752 maintained the same language as was enacted for FY2024.
Administration-proposed Additions
The Administration proposed one new general provision: The Administration sought the ability to
transfer up to 5% of any appropriation into the “Information Technology Modernization Fund”
for DHS that was authorized under the National Defense Authorization Act for Fiscal Year
2018.43 The Biden Administration first proposed this provision in its FY2022 budget request.
The Administration’s FY2025 request also included two provisions that would not be included in
the FY2024 enacted measure:
• FY2023 Section 510: 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
officer’s representative or in a similar role if they have not completed training for
said role. In prior years, this had been included by reference to a prior
appropriations act.44
• FY2023 Section 521: This general provision, carried in the DHS annual
appropriations act since FY2010,45 barred DHS from entering into a contract if it
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
Regulation, unless it was authorized in statute.
• House-passed H.R. 8752 did not include either of these provisions.
House Appropriations Committee-proposed Changes46
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.”

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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House Appropriations Committee-proposed Additions
• HAC Section 542: This general provision, also proposed as Section 549 in the
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.
• HAC Section 543: This general provision, also proposed as Section 544 in the
FY2024 House-passed measure, would prohibit the use of funds to implement a
rule related to “Circumvention of Lawful Pathways.”
• HAC Section 544: This general provision, functionally similar to Section 540 of
the FY2024 House-passed measure, would bar the use of funds for a
Disinformation Governance Board at DHS, or “any other entities carrying out
similar activities” related to misinformation.
• HAC Section 545: This general provision, added in an en bloc amendment in
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
as “mis-, dis-, or mal-information” or partnering with organizations that in any
way recommend that private companies in any way censor, prohibit, or obstruct
lawful and constitutionally protected speech of a U.S. person on social media
platforms. The provision furthermore would direct the removal from federal
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
FY2024 House-passed measure, would bar the use of funds to implement,
administer, enforce, or carry out the DHS Equity Action Plan, two executive
orders related to advancing racial equity and support for underserved
communities, one Executive order related to diversity, equity, inclusion, and
accessibility in the federal workforce, or “any program, project or activity that
promotes or advances Critical Race Theory or any concept associated with
Critical Race Theory.”
• HAC Section 547: This general provision, added in an en bloc amendment in
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
on the basis of their beliefs regarding the definition of marriage as being between
one man and one woman.
• HAC Section 548: 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
past three years to “observe, tour, visit, or confer” with DHS employees.
One general provision was added to the bill in full committee markup:
• HAC Section 549: This provision’s stated intent is to block any DHS grant
funding for “sanctuary cities,” defined in this amendment as any subdivision of a
state that
1. Has in place any kind of policy that limits any government official or entity
from communicating with the Immigration and Naturalization Service
regarding that citizenship or immigration status of any individual; or
2. Has in place “any law, policy, or procedure” that “hinders the federal
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.
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:
• Pay the salary of DHS Secretary Mayorkas;
• Implement, administer, or enforce the following Executive Orders:
o E.O. 13990, “Protecting the Public Health and Environment and Restoring
Science to Tackle the Climate Crisis”;47
o E.O. 14008, “Tackling the Climate Crisis at Home and Abroad”;48
o E.O. 14013, “Rebuilding and Enhancing Programs to Resettle Refugees and
Planning for the Impact of Climate Change on Migration,” Section 6;49
o E.O. 14019, “Promoting Access to Voting,” except for sections 7, 8, and 10;50
o E.O. 14030, “Climate-Related Financial Risk”;51
o E.O. 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability”;52
o E.O. 14082, “Implementation of the Energy and Infrastructure Provisions of
the Inflation Reduction Act of 2022”;53 and
o E.O. 14096, “Revitalizing Our Nation’s Commitment to Environmental
Justice for All”;54
• Implement any COVID-19 mask mandate;55
• Develop or implement any DHS Environmental Justice Strategy;56 and
• Implement a “Remain-in-Texas” 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
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:
• Implement COVID-19-era guidance reducing the hours of certain Northern
Border Ports of Entry;
• Finalize any rule or regulation with an annual effect on the economy of $100
million or more;
• Partner with the State Department to establish Safe Mobility Offices;57
• Purchase electric vehicles;
• Fund the TSA’s Inclusion Action Committee;58
• Administer, implement or enforce the “Memorandum on the Deferred Enforced
Departure for Certain Palestinians,” issued on February 14, 2024;59 and
• Compensate the Department of Veterans Affairs for processing medical claims on
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
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 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 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.

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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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.

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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

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Appendix B. Evolution of Administrative and
General Provisions in the DHS Appropriations Act
The structure of the annual DHS appropriations act has evolved significantly since its initial
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:
• Title I—Departmental Management and Operations—headquarters functions;
• Title II—Security, Enforcement, and Investigations—law enforcement
operational components;
• Title III—Preparedness and Recovery—FEMA and related functions;
• Title IV—Research and Development, Training, Assessments, and
Services—specialized components; and
• Title V—General Provisions.
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.
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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:
• FY2004 Section 501—Budget authority provided by the act is not available after
the fiscal year unless the bill specifically provides for it (FY2024 Section 501);
• FY2004 Section 502—Budget authority provided in prior acts for activities
funded in this act may be transferred to and merged with funds in the applicable
accounts (FY2024 Section 502);
• FY2004 Section 503—Establishes parameters for reprogrammings and transfers
of budget authority in the bill (a modified version continued as FY2024 Section
503);
• FY2004 Section 504—Authorizes continued availability of up to 50% of
unobligated salaries and expenses balances at the end of the fiscal year to be used
in the following fiscal year (FY2024 Section 505);
• FY2004 Section 508—Deems funding for intelligence programs to be authorized
until an intelligence authorization act for the fiscal year was signed into law (a
modified version continued as FY2024 Section 506);
• FY2004 Section 510—Requires advance notice of grant awards (an expanded
version continued as FY2024 Section 507);
• FY2004 Section 511—Blocks other agencies from building new federal law
enforcement training facilities separate from existing ones without prior approval
of the appropriations committees (FY2024 Section 508);
• FY2004 Section 516—Requires certain construction projects to have an
approved prospectus to be funded (FY2024 Section 509); and
• FY2004 Section 518—No funds in the bill may be used in contravention of the
Buy American Act (a modified version continued as FY2024 Section 511).
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.
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• FY2004 Section 505—Provided flexibility for DHS to use certain funds for
specific types of purchases “in fiscal year 2004 and thereafter, unless otherwise
provided”;60
• FY2004 Section 506—Made the FEMA “Working Capital Fund” account
available to DHS, and renamed it as “Department of Homeland Security Working
Capital Fund”;
• FY2004 Section 507—Made the FEMA “Bequests and Gifts” account available
to DHS, and renamed it as “Department of Homeland Security, Gifts and
Donations”;
• FY2004 Section 513—Required customs declarations to ask “whether the
passenger had been in the proximity of livestock”;
• FY2004 Sections 514 and 515—Blocked funding for certain DHS actions that
would prevent enforcement of certain laws against forced child labor,61 or allow
goods made with such labor to be brought into the country; and
• FY2004 Section 520—Authorized the Secretary to charge fees to pay for
credentialing transportation workers.
Others provided direction to the department or its components:
• FY2004 Section 509—Directed FLETC to establish an accrediting body for
assessing federal law enforcement training programs, facilities, and instructors;62
• FY2004 Section 512—Required the Director of FLETC to ensure all its facilities
are operated at optimal capacity;
• FY2004 Section 517—Blocked regulations requiring airport sponsors to provide
space or services to TSA without compensation other than for security
checkpoints;
• FY2004 Section 519—Blocked deployment of a particular passenger
prescreening system until GAO reported to Congress that the system met certain
thresholds; and
• FY2004 Section 521—Directed the Secretary to get certified systems to inspect
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
passenger planes.
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

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
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:
• Title I—Departmental Management and Operations—headquarters functions,
now including specific appropriations for the Office of the Chief Financial
Officer, the Office of the Chief Information Officer, Analysis and Operations, and
Office of the Federal Coordinator of Gulf Coast Rebuilding;
• Title II—Security, Enforcement, and Investigations—law enforcement
operational components;
• Title III—Protection, Preparedness, Response and Recovery—the new
National Protection and Programs Directorate, the Office of Health Affairs, and
the reconstituted FEMA;
• Title IV—Research and Development, Training, and Services—specialized
components, including the Domestic Nuclear Detection Office;63 and
• Title V—General Provisions
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:
• FY2008 Section 514—Barred funding in the bill from being used to amend the
Oath of Allegiance (FY2024 Section 512);
• FY2008 Section 515—Blocked funding for privatization of certain jobs at
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
modified version appears in the FY2024 act as Section 102);
• FY2008 Section 529—Classifies FLETC instructor staff positions as inherently
governmental functions (FY2024 Section 407);
• FY2008 Section 537—Blocks alteration of operations withing the Civil
Engineering Program of the Coast Guard absent prior legislative authorization (a
modified version appears in the FY2024 act as Section 225);
• FY2008 Section 539—Blocked obligation of funding from DHS headquarters
accounts for grants or contracts not awarded under full and open competition,
with some exceptions, which require reporting (a modified version appears in the
FY2024 act as Section 101, requiring reporting on such contract awards);
• FY2008 Section 541—Blocked the use of funding for “any position designated
as a Principal Federal Official” for Stafford Act-declared incidents (a modified
version appears in the FY2024 act as Section 530);
• FY2008 Section 546—Blocked the Secretary’s authority to reorganize the
Department under Section 872 of the Homeland Security Act (FY2024 Section
513);
• FY2008 Section 548—Blocked reductions of the Coast Guard’s Operations
Systems Center mission or its staffing levels (a modified version appears in the
FY2024 act as Section 223);
• FY2008 Section 549—Blocked funding for privatization of certain jobs at USCG
National Vessel Documentation Center (FY2024 Section 224);
• FY2008 Section 558—Blocked CBP from preventing private individuals from
importing certain prescription drugs for their personal use (FY2024 Section 205);
and
• FY2008 Section 567—Blocked the use of funds “for planning, testing, piloting,
or developing a national identification card” (FY2024 Section 514).
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, Congress and the Administration 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.”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.
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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 2016.65 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).

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.
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