Department of Homeland Security Appropriations Act, 2026
This bill provides FY2026 appropriations for the Department of Homeland Security (DHS).
Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including
In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including
The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including
The bill provides appropriations for Research, Development, Training, and Services, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.
[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-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $10,802,656,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $20,000,000 shall remain available until September 30, 2028; of
which $24,359,000 shall remain available until September 30, 2030, for
environmental compliance and restoration; and of which $400,000,000
shall remain available until September 30, 2027, which shall only be
available for depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,026,790,000, to remain available until September
30, 2030; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2028, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,249,000,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$3,103,191,000; of which $111,299,000 shall remain available until
September 30, 2027, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $35,000,000 may be for calendar year 2025 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 118-38:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $126,290,000, of which
$51,290,000 shall remain available until September 30, 2028, and of
which $75,000,000 shall remain available until September 30, 2030.
research and development
For necessary expenses of the United States Secret Service for
research and development, $3,250,000, to remain available until
September 30, 2027.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2026''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2026 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit an expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the House of Representatives and the Senate.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2026, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 211. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$898,118,000 shall be available only as follows:
(1) $346,000,000 for the acquisition and deployment of
border security technologies;
(2) $300,000,000 for trade and travel assets and
infrastructure;
(3) $182,400,000 for integrated operations assets and
infrastructure;
(4) $32,000,000 for mission support and infrastructure; and
(5) $37,718,000 for radiological detection systems.
Sec. 212. None of the funds appropriated or otherwise made
available by this Act may be made available to admit an alien into the
United States at a port of entry on an F or M visa if the college,
university, or other institution of higher learning that the student
will attend is not accredited by a nationally recognized accrediting
agency or association recognized by the Secretary of Education pursuant
to part H of title IV of the Higher Education Act of 1965 (20 U.S.C.
1099a et seq.).
Sec. 213. None of the funds appropriated or otherwise made
available by this Act may be made available to parole into the
Commonwealth of the Northern Mariana Islands, for the purpose of
temporary visit for business or pleasure without a visa, an alien who
is a national of the People's Republic of China.
Sec. 214. (a) None of the funds appropriated or otherwise made
available by this Act may be used by U.S. Customs and Border Protection
to admit into the United States any aerosol-dispensing unmanned
aircraft system produced or manufactured in a foreign adversary
country.
(b) The term ``foreign adversary country'' means a country
specified in section 4872(d)(2) of title 10, United States Code.
Sec. 215. None of the funds appropriated or otherwise made
available by this Act may be made available to reduce participation in
or substantively diminish the delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)), except as provided in section 216 of this Act.
Sec. 216. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 217. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 218. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 219. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such reports by
such section 216 shall apply in the same manner and to the same extent
during the period described in such section 216.
Sec. 220. The terms and conditions of section 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 221. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to transport aliens
unlawfully present in, paroled into, or inadmissible to the United
States into the interior of the United States for purposes other than
enforcement of the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(b) The limitation under subsection (a) shall not apply with
respect to amounts made available to transport unaccompanied alien
children (as such term is defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)).
Sec. 222. (a) None of the funds appropriated or otherwise made
available by this Act for ``U.S. Immigration and Customs Enforcement''
may be used to pay for or facilitate an abortion, except where the life
of the mother would be endangered if the fetus would be carried to
term, or in the case of rape or incest.
(b) None of the funds appropriated or otherwise made available by
this Act for ``U.S. Immigration and Customs Enforcement'' may be used
to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act may be made available to administer hormone
therapy medication or perform or facilitate any surgery for any person
in custody of U.S. Immigration and Customs Enforcement for the purpose
of gender-affirming care.
Sec. 224. The Secretary of Homeland Security shall allocate
amounts appropriated or otherwise made available under the heading
``U.S. Immigration and Customs Enforcement--Operations and Support'' by
this Act in order to--
(1) prioritize resources to apprehend, detain, and remove
aliens who--
(a) are linked to terrorist organizations or
terrorist-related activities, or otherwise pose a
danger to national security;
(b) possess a criminal history, with a particular
emphasis on violent criminals, felons, and repeat
offenders;
(c) have ties to organized criminal organizations;
or
(d) otherwise constitute a threat to public safety;
(2) prioritize detention by using such amounts to ensure
that the average daily population of detainees is maintained at
the full capacity at all detention facilities funded by this
Act throughout the fiscal year; and
(3) ensure that every alien on the non-detained docket is
enrolled into the Alternatives to Detention Program with
mandatory GPS monitoring throughout the duration of all
applicable immigration proceedings (including any appeals) and
until removal, if ordered removed.
Sec. 225. Not later than 45 days after the date of enactment of
this Act, the Chief Financial Officer of U.S. Immigration and Customs
Enforcement shall submit to the Committees on Appropriations of the
House of Representatives and the Senate an obligation plan for amounts
made available in this Act for ``U.S. Immigration and Customs
Enforcement'', delineated by level II program, project, and activity.
Sec. 226. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
made available to develop or administer a physical identification card
for purposes of alien identification, verification of immigration
status, or immigration portal access.
Sec. 227. No law of any State or political subdivision thereof
pertaining to a minimum rate of compensation or any other condition of
employment shall apply in the case of any person held in Federal
custody pursuant to the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
Sec. 228. (a) None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to execute an
inspection of a detention facility that is in a contractual agreement
with U.S. Immigration and Customs Enforcement for the provision of
detention services and that is subject to the terms, conditions, and
standards found within the National Detention Standards for Non-
Dedicated Facilities, as revised in 2019 for U.S. Immigration and
Customs Enforcement, except solely for compliance with the terms,
conditions, and standards found within the National Detention Standards
for Non-Dedicated Facilities, as revised in 2019.
(b) Executions of inspections described in subsection (a) shall not
occur within six months of a previous inspection of such facility,
except with respect to inspections executed by the Office of Inspector
General.
Sec. 229. (a) None of the funds made available by this Act or any
other Act may be used to reduce the presence of U.S. Immigration and
Customs Enforcement attaches or liaisons at international U.S.
embassies or consulates for the purposes of international
investigations or partnerships with foreign law enforcement.
(b) Subsection (a) shall not apply to a reduction of presence in a
specific country if--
(1) the Secretary of Homeland Security, in collaboration
with the Secretary of State, provides a written explanation of
how maintaining a collaborative investigatory presence in a
specific country undermines U.S. foreign policy interests in
that country to the Committees on Appropriations of the House
of Representatives and the Senate; or
(2) a country requests the cessation of collaborative law
enforcement activities performed by the attache or liaison
stationed at the embassy or consulate to their country.
Sec. 230. (a) Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
(b) None of the funds made available in this or any other Act,
including prior Acts, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act may be used to carry out legislation
altering the applicability of the screening requirements outlined in
subsection (a).
Sec. 231. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2026, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 232. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate a single report that fulfills the
following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 233. Section 515(b) of Public Law 108-334 (49 U.S.C. 44945
note) is amended by striking ``report'' each place it appears
(including in the subsection heading) and inserting ``briefing''.
Sec. 234. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 235. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 236. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2026 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 237. None of the funds made available by this Act may be used
by the United States Coast Guard to enforce vessel speed restrictions
with respect to the North Atlantic right whale or the Rice's whale that
was not in place prior to January 20, 2021.
Sec. 238. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 239. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 240. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 241. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the House of
Representatives and the Senate 10 or more days in advance, or as early
as practicable, prior to such expenditures.
Sec. 242. The Secretary shall ensure that the November 30, 2021,
policy statement from U.S. Customs and Border Protection titled
``Policy Statement and Required Actions Regarding Pregnant, Postpartum,
Nursing Individuals, and Infants in Custody,'' or substantively similar
standards of treatment developed in consultation with maternal and
pediatric health providers and experts, are in effect and are fully
implemented to safeguard the health, safety, and rights of pregnant
individuals in U.S. Customs and Border Protection custody.
Sec. 243. None of the funds appropriated or otherwise made
available by this Act to U.S. Immigration and Customs Enforcement may
be used, in carrying out any civil immigration enforcement activities
under the immigration laws (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)), to--
(1) detain a citizen of the United States; or
(2) deport a citizen of the United States from the United
States.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,237,159,000, of which
$24,424,000 shall remain available until September 30, 2027: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$501,047,000, to remain available until September 30, 2028.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,474,420,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $158,419,000, of which
$94,794,000 shall remain available until September 30, 2028, and of
which $63,625,000 shall remain available until September 30, 2030.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,756,676,000, which shall be allocated as
follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden and $15,000,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2026,
the Commonwealth of Puerto Rico shall make available to local
and Tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $335,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $167,500,000 is for eligible recipients
located in high-risk urban areas that receive funding under
section 2003 of such Act and $167,500,000 is for eligible
recipients that are located outside such areas: Provided, That
eligible recipients are those described in section 2009(b) of
such Act (6 U.S.C. 609a(b)) or are an otherwise eligible
recipient at risk of a terrorist or other extremist attack.
(4) $94,500,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $9,000,000 shall be
for Amtrak security and $1,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30,
2027, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $9,720,000 for Regional Catastrophic Preparedness
Grants.
(10) $105,300,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2027: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $170,000,000 for Community Project Funding grants,
which shall be for the purposes, and the amounts, specified in
the table entitled ``Homeland Security--Community Project
Funding'' in the report accompanying this Act, of which--
(A) $64,899,341, in addition to amounts otherwise
made available for such purpose, is for emergency
operations center grants under section 614 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c); and
(B) $105,100,659, in addition to amounts otherwise
made available for such purpose, is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e), notwithstanding subsections (f),
(g), and (l) of that section (42 U.S.C. 5133(f), (g),
(l)).
(13) $379,406,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$26,474,000,000, to remain available until expended: Provided, That
such amount shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $202,100,000, to remain available until September 30, 2027,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $14,578,000 shall be available for mission support
associated with flood management; and of which $187,522,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2026, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $230,669,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,505,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $4,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
State, local, Tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
and Information Sharing and Analysis Organizations.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under such paragraph
(3).
Sec. 303. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 304. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5) and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the House of
Representatives and the Senate 5 full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before 5 full business
days have elapsed following such briefing, $1,000,000 of amounts
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2026 with respect to
budget year 2027 and current fiscal year 2026, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2027''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal year
2026, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2026, and remain
available until expended.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated in any
prior Act for activities funded by the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day
before the date of enactment of section 1234 of division D of Public
Law 115-254, may be transferred to and merged with funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
effect on the date of the enactment of this section.
Sec. 311. Any unobligated balances of funds appropriated under the
heading ``Federal Emergency Management Agency--Flood Hazard Mapping and
Risk Analysis Program'' in any prior Act may be transferred to and
merged with funds appropriated under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for necessary expenses for
Flood Hazard Mapping and Risk Analysis: Provided, That funds
transferred pursuant to this section shall be in addition to and
supplement any other sums appropriated for such purposes under the
National Flood Insurance Fund and such additional sums as may be
provided by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
Sec. 312. Section 203 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. section 5133) is amended as
follows:
(1) In subsection (b)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by inserting ``related to a major disaster
declaration in the previous 4 years and'' after
``measures that are''.
(2) In subsection (c) by striking ``may'' and inserting
``shall''.
(3) In subsection (g)--
(A) in the matter preceding paragraph (1), by
striking ``7 years'' and inserting ``4 years'';
(B) by striking the semicolon at the end of
paragraph (10) and inserting ``; and'';
(C) by striking ``; and'' at the end of paragraph
(11) and inserting a period; and
(D) by striking paragraph (12).
(4) In subsection (i)(1)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``equal to'' and inserting ``that
is not less than 3 percent and not more than''.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $112,551,000:
Provided, That such amounts shall be in addition to any other amounts
made available for such purposes, and shall not be construed to require
any reduction of any fee described in section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)).
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $385,644,000, of which $75,551,000 shall remain available
until September 30, 2027: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $18,300,000,
to remain available until September 30, 2030, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements, and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $368,624,000, of which $206,093,000 shall remain
available until September 30, 2027: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $40,000,000, to remain
available until September 30, 2030.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $350,074,000, to remain available until
September 30, 2028.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. None of the funds appropriated or otherwise made
available by this Act may be made available to issue any employment
authorization document or similar document to any alien whose
application for asylum in the United States has been denied, or who is
convicted of a Federal or State crime while his or her application for
asylum in the United States is pending.
Sec. 404. Notwithstanding section 286(n) of the Immigration and
Nationality Act (8 U.S.C. 1356(n)), the Director of U.S. Citizenship
and Immigration Services may use not more than $2,500 of the amounts
deposited in the Immigration Examinations Fee Account for official
reception and representation expenses in fiscal year 2026.
Sec. 405. No Federal funds made available to the Department of
Homeland Security may be used for the consideration of a petition for a
nonimmigrant visa under section 101(a)(15)(H)(i)(b) of the Immigration
and Nationality Act, if the petitioner is any entity identified under
section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 407. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 408. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 409. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
Sec. 410. None of the funds made available in this Act may be made
available to implement, administer, or enforce the ``Asylum Program
Fee'' from the Final Rule entitled ``U.S. Citizenship and Immigration
Services Fee Schedule and Changes to Certain Other Immigration Benefit
Request Requirements'' (88 Fed. Reg. 6194).
Sec. 411. None of the funds made available by this Act may be
obligated, expended, or used in any manner to determine that any alien
has a credible fear of persecution under section 235(b)(1)(B)(v) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) unless
taking into account the credibility of the statements made by the alien
in support of the alien's claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
the alien more likely than not could establish eligibility for asylum
under section 208, and it is more likely than not that the statements
made by, and on behalf of, the alien in support of the alien's claim
are true.
Sec. 412. None of the funds made available by this Act may be
obligated, expended, or used in any manner to determine that any alien
has a credible fear of persecution under section 235(b)(1)(B)(v) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) or to grant
asylum to any alien pursuant to section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) if such alien entered, attempted to
enter, or arrived in the United States after transiting through at
least one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to the United
States unless--
(a) the alien demonstrates that he or she applied for protection
from persecution or torture in each country outside the alien's country
of citizenship, nationality, or last lawful habitual residence through
which the alien transited en route to the United States, and the alien
received a final judgment denying the alien protection in each country;
(b) the alien demonstrates that he or she was a victim of a severe
form of trafficking in which a commercial sex act was induced by force,
fraud, or coercion, or in which the person induced to perform such act
was under the age of 18 years; or in which the trafficking included the
recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery, and was unable to apply for
protection from persecution in each country through which the alien
transited en route to the United States as a result of such severe form
of trafficking; or
(c) the only countries through which the alien transited en route
to the United States were, at the time of the transit, not parties to
the 1951 United Nations Convention relating to the Status of Refugees,
the 1967 Protocol Relating to the Status of Refugees, or the United
Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
Sec. 413. An employer that received a labor certification from the
Department of Labor under section 214(c)(1) of the Immigration and
Nationality Act with regard to a petition to import an alien under
section 101(a)(15)(H)(ii)(b) of such Act in fiscal year 2025, 2024,
2023, 2022 and 2021 shall, upon issuance of the labor certification and
approval of the petition, obtain positions exempt from the numerical
limitation under section 214(g)(1)(B) of such Act in an amount that
does not exceed the highest number of positions for all labor
certifications received by such employer in any 1 of the prior 5 fiscal
years in fiscal year 2026.
Sec. 414. In fiscal year 2026, for the purpose of admission under
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act and
an application pursuant to section 218 of such Act, work performed by
workers on agricultural operations (as such term is defined in section
1619 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791)
shall be considered agricultural labor or services of a temporary or
seasonal nature described in section 101(a)(15)(H)(ii)(a) of such Act,
and such workers shall be eligible for admission under such section for
a period not to exceed one year.
Sec. 415. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
or enforce the Final Rule entitled ``Modernizing H-2 Program
Requirements, Oversight, and Worker Protections'' (89 Fed. Reg.
103202).
Sec. 416. (a) Subparagraph (P) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is amended--
(1) in clause (iii)(II), by striking ``or'' at the end;
(2) by redesignating clause (iv) as clause (v);
(3) in clause (v), as redesignated by subparagraph (B), by striking
``clause (i), (ii), or (iii)'' and inserting ``clause (i), (ii), (iii),
or (iv)''; and
(4) by inserting after clause (iii) the following:
``(iv) seeks to enter the United States
temporarily and solely for the purpose of
performing functions that are integral and
essential to the operation of a mobile
entertainment provider (as set forth in section
214(c)(4)(I)(ii)); or''.
(b) Paragraph (4) of section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the end
the following:
``(I) The following shall apply to the admission of any alien under
section 101(a)(15)(P)(iv):
``(i) The mobile entertainment provider shall be subject to
the same program requirements that govern the admission of non-
immigrants pursuant to section 101(a)(15)(H)(ii)(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)
(15)(H)(ii)(b)) as promulgated by the Department of Labor in
section 655 of title 20 of the Code of Federal Regulations.
``(ii) For purposes of section 101(a)(15)(P)(iv), functions
that are integral and essential to the operation of a mobile
entertainment provider include transporting, assembly,
operation, disassembly, and maintenance of mobile entertainment
attractions, structures, and equipment, including rides, games,
novelties, and food or beverage concessions, as well as other
functions that are common in the mobile entertainment industry
and are necessary for the safe and efficient operation of the
mobile entertainment provider.
``(iii) For purposes of this subparagraph, the term `mobile
entertainment provider' means--
``(I) a carnival or circus that travels around the
United States on a temporary or seasonal basis; or
``(II) a provider of services normally affiliated
with a carnival or circus, such as food and game
concessions, that travels around the United States on a
seasonal or temporary basis to provide services to
State, county, and local fairs and festivals, or
support events sponsored by not-for-profit
organizations for fundraising.''.
(c) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security and the Secretary of Labor
shall separately publish in the Federal Register proposed rules
implementing the provisions of this section and the amendments made by
this section, and shall finalize such rules not later than 1 year after
the date of the enactment of this Act.
TITLE V
GENERAL PROVISIONS
(including transfers of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2026, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2026 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 30 days in advance of such reprogramming.
(c) Up to 2.5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 5 percent by
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations--
(1) based upon an initial notification provided after June
15, except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to
subsection (a)(1), including any new function or requirement
within any program, project, or activity, not approved by
Congress in the consideration of the enactment of this Act.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 15, 2027,
from appropriations for ``Operations and Support'' for fiscal year 2026
in this Act shall remain available through September 30, 2027, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 503 of this
Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2026 until the enactment of an Act authorizing
intelligence activities for fiscal year 2026.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Undersecretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess of
$4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
House of Representatives and the Senate not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. (a) None of the funds provided or otherwise made
available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
(b) Subsection (a) shall not apply to the use of such section 872--
(1) to allocate or reallocate the functions of the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office to other officers and organizational units
within the Department; or
(2) to allocate or reallocate any other functions of the
Countering Weapons of Mass Destruction Office to other offices
and organizational units within the Department.
(c) The Secretary of Homeland Security may transfer funds made
available in prior appropriations Acts to the Countering Weapons of
Mass Destruction Office between any appropriations available to the
Department of Homeland Security as necessary to carry out the purposes
described in subsection (b).
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the House of
Representatives and the Senate may not delegate such authority to
perform that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the House of Representatives and the
Senate within at least 10 days of that determination and the basis for
that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the House of Representatives and the Senate in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the House of Representatives and the Senate for not
less than 45 days except as otherwise specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$4,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2026.
Sec. 527. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility used to hold, detain, or
otherwise house aliens, or to make any temporary modification at any
such facility that in any way alters what is observed by a visiting
Member of Congress or such designated employee, compared to what would
be observed in the absence of such modification:
(1) a Member of Congress; and
(2) an employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 528. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 529. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of;
(2) potential sexual assault or abuse perpetrated against;
or
(3) allegation of abuse, criminal activity, or disruption
committed by an individual held in the custody of the
Department of Homeland Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 530. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 531. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental component, for
which discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 532. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
House of Representatives and the Senate, the Committees on the
Judiciary of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 533. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the House
of Representatives and the Senate of the proposed submission of
the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding requested
as part of the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 534. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2027 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the House of
Representatives and the Senate specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior to
October 1, 2026.
Sec. 535. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 536. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 537. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 538. (a) The Secretary of Homeland Security shall, on a
monthly basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of aliens anticipated to arrive at
the southern border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in all budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act including--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) all budget materials shall include--
(i) the most recent monthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of
the estimates used to justify funding requests
for Department programs related to border
security, immigration enforcement, and
immigration services;
(iii) a description and quantification of
the anticipated workload and requirements
resulting from such estimates; and
(iv) a confirmation as to whether the
budget requests for impacted agencies were
developed using the same estimates.
(c) The Secretary shall share the monthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the House of Representatives and the
Senate.
(d) If the monthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 539. (a) Prior to the Secretary of Homeland Security
requesting assistance from the Department of Defense for border
security operations, the Secretary shall ensure that an alternatives
analysis and cost-benefit analysis is conducted before such request is
made, which shall include an examination of obtaining such support
through other means.
(b) Not later than 30 days after the date on which a request for
assistance is made, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate a report detailing the types of support requested, the
alternatives analysis and cost-benefit analysis described in subsection
(a), and the operational impact to Department of Homeland Security
operations of any Department of Defense border security support
requested by the Secretary.
(c) Not later than 30 days after the date on which a request made
for assistance is granted and quarterly thereafter through the duration
of such assistance, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate, a report detailing the assistance provided and the
operational impacts to border security operations.
Sec. 540. Funds made available in this Act or any other Act for
Operations and Support may be used for the necessary expenses of
providing an employee emergency back-up care program.
Sec. 541. (a) Not less than $5,000,000 made available in this Act
shall be transferred to ``U.S. Immigration and Customs Enforcement--
Operations and Support'' to support and conduct necessary operations of
the Blue Campaign for fiscal year 2026.
(b) Prior to the obligation of funds made available by subsection
(a), notification shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 542. None of the funds appropriated or otherwise made
available by this Act may be made available to establish or support the
activities of a Disinformation Governance Board at the Department of
Homeland Security, or any other similar entity carrying out activities
relating to disinformation in a similar manner or to a similar extent
to such a Board.
Sec. 543. None of the funds appropriated or otherwise made
available by this Act may be made available to:
(a) classify or facilitate the classification of any
communications by a United States person as mis-, dis-, or mal-
information; or
(b) partner with or fund nonprofit or other organizations that
pressure or recommend private companies to censor lawful and
constitutionally protected speech of United States persons, including
recommending the censoring or removal of content on social media
platforms.
(c) Any officer or employee of the Federal Government whose salary
is funded by this Act and who conducts any activity described in (a) or
(b) shall be removed from the Federal service.
Sec. 544. (a) In general.--Notwithstanding section 7 of title 1,
United States Code, section 1738C of title 28, United States Code, or
any other provision of law, none of the funds provided by this Act, or
previous appropriations Acts, shall be used in whole or in part to take
any discriminatory action against a person, wholly or partially, on the
basis that such person speaks, or acts, in accordance with a sincerely
held religious belief, or moral conviction, that marriage is, or should
be recognized as, a union of one man and one woman.
(b) Discriminatory action defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
Sec. 545. None of the funds made available by this Act may be used
to obligate or award funds to a political subdivision of a State that--
(a) has in effect any law, policy, or procedure, whether written
or communicated orally, in contravention of, or which substantially
limits compliance with, subsection (a) or (b) of section 642 of the
Illegal Immigration Reform and Immigration Responsibility Act of 1996
(8 U.S.C. 1373); or
(b) has in effect any law, policy, or procedure, whether written or
communicated orally, the result of which hinders the federal government
from enforcing the immigration laws as defined by 8 U.S.C. 101(a)(17).
Sec. 546. None of the funds appropriated or otherwise made
available by this Act may be made available for diversity, equity, and
inclusion initiatives, training, programs, offices, officers, policies,
or any program, project, or activity that promotes or advances Critical
Race Theory, or any concept associated with Critical Race Theory.
Sec. 547. None of the funds appropriated or otherwise made
available by this Act may be made available to procure, whether
directly or by contract with a third party, computers, printers, or
videoconferencing services in which the manufacturer, bidder, or
offeror, or any subsidiary or parent entity of the manufacturer,
bidder, or offeror, of the equipment is an entity, or parent company of
an entity in which the People's Republic of China has any ownership
stake.
Sec. 548. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2026, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
non-governmental property of the President that is to be secured by the
United States Secret Service pursuant to section 3 or section 4 of the
Presidential Protection Assistance Act of 1976 (Public Law 94-524); 18
U.S.C. 3056 note).
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency--
(1) incurs on or after October 1, 2024;
(2) can demonstrate to the Administrator as being--
(A) in excess of the costs of normal and typical
law enforcement operations;
(B) directly attributable to the provision of
protection described in this section; and
(C) associated with a non-governmental property to
be secured by the United States Secret Service pursuant
to such Act; and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States
Secret Service.
(c) For purposes of subsection (a), a non-governmental property to
be secured under subsection (b)(2)(C) made after incurring otherwise
eligible costs shall apply retroactively to October 1, 2024.
Sec. 549. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended in contravention of
the First, Fourth, Fifth, and Sixth Amendments to the Constitution.
Sec. 550. None of the funds appropriated or otherwise made
available by this Act may be used to interfere with or restrict the
ability of an individual to record or document immigration enforcement
actions, consistent with existing laws, by U.S. Immigration and Customs
Enforcement or any other Federal law enforcement occurring in public
areas, provided that such documentation does not obstruct or physically
interfere with law enforcement operations.
SPENDING REDUCTION ACCOUNT
Sec. 551. $0.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2026''.
Union Calendar No. 139
119th CONGRESS
1st Session
H. R. 4213
[Report No. 119-173]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2026, and for other purposes.
_______________________________________________________________________
June 26, 2025
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
The House Committee on Appropriations reported an original measure, H. Rept. 119-173, by Mr. Amodei (NV).
The House Committee on Appropriations reported an original measure, H. Rept. 119-173, by Mr. Amodei (NV).
Placed on the Union Calendar, Calendar No. 139.
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