[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-