[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 4213 Reported in House (RH)] <DOC> Union Calendar No. 139 119th CONGRESS 1st Session H. R. 4213 [Report No. 119-173] Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2026, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 26, 2025 Mr. Amodei of Nevada, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2026, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2026, and for other purposes, namely: TITLE I DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT Office of the Secretary and Executive Management operations and support For necessary expenses of the Office of the Secretary and for executive management for operations and support, $246,230,000, of which $26,050,000 shall remain available until September 30, 2027: Provided, That $5,000,000 shall be withheld from obligation until the Secretary submits, to the Committees on Appropriations of the House of Representatives and the Senate, responses to all questions for the record for each hearing on the fiscal year 2027 budget submission for the Department of Homeland Security held by such Committees prior to July 1: Provided further, That not to exceed $30,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Office of the Secretary and for executive management for procurement, construction, and improvements, $8,113,000, to remain available until September 30, 2028. Management Directorate operations and support For necessary expenses of the Management Directorate for operations and support, $1,648,509,000: Provided, That not to exceed $2,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Management Directorate for procurement, construction, and improvements, $96,306,000, of which $66,306,00 shall remain available until September 30, 2028, and of which $30,000,000 shall remain available until September 30, 2030. federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service. Intelligence, Analysis, and Situational Awareness operations and support For necessary expenses of the Office of Intelligence and Analysis and the Office of Homeland Security Situational Awareness for operations and support, $360,788,000, of which $114,118,000 shall remain available until September 30, 2027: Provided, That not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings: Provided further, That not to exceed $3,825 shall be for official reception and representation expenses. Office of Inspector General operations and support For necessary expenses of the Office of Inspector General for operations and support, $223,063,000: Provided, That not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. Administrative Provisions Sec. 101. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2026, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2025 or 2026. (b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the House of Representatives and the Senate not later than February 15, 2027. Sec. 102. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation. Sec. 103. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfer of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security. (b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the House of Representatives and the Senate are notified of the proposed transfer. Sec. 104. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary. Sec. 105. (a) The Under Secretary for Management shall brief the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight List between Acquisition Decision Event and Full Operational Capability, including programs that have been removed from such list during the preceding quarter. (b) For each such program, the briefing described in subsection (a) shall include-- (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, including-- (A) the current acquisition phase by increment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program's current such thresholds and objectives, if applicable; (5) the lifecycle cost estimate, adjusted for comparison to the Future Years Homeland Security Program, including-- (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; (C) a breakout of the estimate for the prior five years, the current year, and the budget year; (D) a breakout of the estimate by appropriation account or other funding source; and (E) a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year; (6) a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated. (c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the House of Representatives and the Senate not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary for Management. Sec. 106. (a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration unless the component or office carrying out such pilot or demonstration has documented the information described in subsection (c). (b) Prior to the obligation of any such funds made available for ``Operations and Support'' for a new pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on the information described in subsection (c). (c) The information required under subsections (a) and (b) for a pilot or demonstration shall include the following-- (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details-- (A) the type and source of assessment data; (B) the methods for, and frequency of, collecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date. (d) Not later than 90 days after the date of completion of a pilot or demonstration described in subsection (e), the Under Secretary for Management shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or operation. (e) For the purposes of this section, a pilot or demonstration program is a study, demonstration, experimental program, or trial that-- (1) is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and (2) uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include programs that were in operation as of the date of the enactment of this Act. (f) For the purposes of this section, a pilot or demonstration does not include any testing, evaluation, or initial deployment phase executed under a procurement contract for the acquisition of information technology services or systems, or any pilot or demonstration carried out by a non-Federal recipient under any financial assistance agreement funded by the Department. Sec. 107. None of the funds appropriated or otherwise made available by this Act may be used by the Office of Intelligence and Analysis of the Department of Homeland Security to conduct a covered activity (as defined by section 6303 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118-159)). TITLE II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection operations and support (including transfer of funds) For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied alien minors; the provision of air and marine support to Federal, State, local, and international agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $18,088,596,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $550,000,000 shall be available until September 30, 2027; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account: Provided, That not to exceed $34,425 shall be for official reception and representation expenses: Provided further, That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That not to exceed $2,500,000 may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used by the U.S. Border Patrol. procurement, construction, and improvements For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurement of marine vessels, aircraft, and unmanned aerial systems, $898,118,000, to remain available until September 30, 2028. U.S. Immigration and Customs Enforcement operations and support For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $10,967,045,000, of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall remain available until September 30, 2027; of which not less than $2,000,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which $6,402,677,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied alien minors: Provided, That not to exceed $11,475 shall be for official reception and representation expenses: Provided further, That not to exceed $15,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided further, That not to exceed $4,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States. procurement, construction, and improvements For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $35,000,000, of which $20,000,000 shall remain available until September 30, 2028, and of which $15,000,000 shall remain available until September 30, 2030. Transportation Security Administration operations and support For necessary expenses of the Transportation Security Administration for operations and support, $10,378,063,000, of which $300,000,000 shall remain available until September 30, 2027: Provided, That not to exceed $7,650 shall be for official reception and representation expenses: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2026 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $7,348,063,000. procurement, construction, and improvements For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $258,230,000, to remain available until September 30, 2028. research and development For necessary expenses of the Transportation Security Administration for research and development, $14,641,000, to remain available until September 30, 2027. Coast Guard operations and support For necessary expenses of the Coast Guard for operations and support including the Coast Guard Reserve; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of not more than $700,000) and repairs and service-