[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-