- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: March 26, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 4790. Mr. THUNE proposed an amendment to the bill H.R. 7147, making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Homeland Security and
Further Additional Continuing Appropriations Act, 2026.”.
SEC. 2. TABLE OF CONTENTS.
- Sec. 1. Short title.
- Sec. 2. Table of contents.
- Sec. 3. References.
- Sec. 4. Explanatory statement.
- Sec. 5. Statement of appropriations.
DIVISION A—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
Title I—Departmental Management, Intelligence, Situational Awareness,
Title II—Security, Enforcement, and Investigations Title III—Protection, Preparedness, Response, and Recovery
Title V—General Provisions
DIVISION B—FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
“this Act” contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
January 22, 2026, and submitted by the chair of the Committee
on Appropriations of the House, shall have the same effect
with respect to the allocation of funds and implementation of
this Act as if it were a joint explanatory statement of a
committee of conference, except that the contents printed
under the headings “U.S. Immigration and Customs
Enforcement” and “Border Security Operations” under the
heading “U.S. Customs and Border Protection” shall have no
force or effect for purposes of this Act, and amounts
specified in the “Final Bill” column under the sub-heading
“Border Security Operations” under the heading “U.S.
Customs and Border Protection” and under the heading “U.S.
Immigration and Customs Enforcement” in the “Department of
Homeland Security Act, 2026” table shall all be $0.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2026.
DIVISION A—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
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,
$316,295,000, which shall be for the purposes and in the
amounts specified in the “Final Bill” column for Office of
the Secretary and Executive Management, Operations and
Support, in the “Department of Homeland Security
Appropriations Act, 2026” table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which $22,050,000 of amounts made
available for Management and Oversight, Office of Health
Security 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 $15,000 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, $8,911,000, to remain available until September
30, 2028.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet
modernization, $1,690,380,000, which shall be for the
purposes and in the amounts specified in the “Final Bill”
column for Management Directorate, Operations and Support, in
the “Department of Homeland Security Appropriations Act,
2026” table in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): 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, $58,106,000, to
remain available until September 30, 2028.
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, $340,819,000, of which
$121,274,000 shall remain available until September 30, 2027:
Provided, That not to exceed $3,825 shall for be official
reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to
buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $257,599,000, of which
$20,000,000 shall be for additional inspections and oversight
of detention facilities and shall remain available until
September 30, 2027, and of which $12,814,000 shall be for
oversight of the execution of funds provided in Public Law
119-21: 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
(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,
Sec. 102. (a) 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.
(b) The initial staffing report submitted pursuant to
subsection (a) shall be the baseline for which the Department
of Homeland Security may increase or decrease staffing levels
for any program, project, or activity pursuant to section
503(a)(4) of this Act.
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 transfers 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. (a) 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)).
(b) Nothing in this section shall be construed as limiting
or superseding the authority of any official within the
Department of Homeland Security to conduct legal, privacy,
civil rights, or civil liberties oversight of the
intelligence activities of the Office of Intelligence and
Analysis.
(c) Nothing in this section shall be construed to prohibit,
or to limit the authority of, personnel of the Office of
Intelligence and Analysis of the Department of Homeland
Security from sharing intelligence information with, or
receiving information from—
(1) foreign, State, local, tribal, or territorial
governments (or any agency or subdivision thereof);
(2) the private sector; or
(3) other elements of the Federal Government, including the
components of the Department of Homeland Security.
Sec. 108. (a) The Inspector General shall report to the
Committees on Appropriations of the House of Representatives
and the Senate on a quarterly basis on oversight of the
funding provided to the Department in Public Law 119-21.
(b) The quarterly report required in subsection (a) shall
include—
(1) a review of the spend plans for every program, project,
or activity funded by the Department under Public Law 119-21,
including the current status of obligated funds compared to
spend plan projections; and
(2) a summary of the audits being conducted on the
Department's contracting, procurement, and acquisition
activities resulting from Public Law 119-21.
(c) Beginning one year after the date of enactment of this
Act, and annually thereafter, the Inspector General shall
submit a comprehensive report to the Committees on
Appropriations of the House of Representatives and the Senate
on the audits, inspections, and evaluations conducted on
funds provided and activities undertaken in Public Law 119-21
and shall also provide recommendations in such report on ways
to improve effectiveness and efficiency and prevent waste,
fraud, and abuse of such programs and funds.
Sec. 109. (a) For an additional amount for “Office of the
Secretary and Executive Management—Operations and Support—
Office of the Secretary”, $20,000,000, for the procurement,
deployment, and operations of body-worn cameras for agents
and officers performing enforcement activities under 8 U.S.C.
1101 et seq.
(b) Within 30 days of the date of enactment of this Act,
the Secretary shall provide the Committees on Appropriations
of the House of Representatives and the Senate a spend plan
for the execution of funding provided in subsection (a).
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; $11,083,012,000; 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.
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, $222,886,000, which shall be for the
purposes and in the amounts specified in the “Final Bill”
column for U.S. Customs and Border Protection, Procurement,
Construction, and Improvements, in the “Department of
Homeland Security Appropriations Act, 2026” table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which—
(1) amounts made available for Border Security Assets and
Infrastructure, Trade and Travel Assets and Infrastructure,
Integrated Operations Assets and Infrastructure, Mission
Support Assets and Infrastructure, and Radiological Detection
Systems shall remain available until September 30, 2028; and
(2) amounts made available for Construction and Facility
Improvements 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, $10,635,434,000,
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 $7,605,434,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $330,230,000, to remain available until
September 30, 2028.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $24,000,000, 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 30 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; $11,272,401,000, 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 $25,335,000 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,
$991,872,000, 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; $6,763,000, 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; $3,128,304,000, of which $96,299,000 shall remain
available until September 30, 2027, and of which $20,000,000
shall remain available until September 30, 2028; 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 $33,000,000 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,
$118,517,000, of which $96,167,000 shall remain available
until September 30, 2028, and of which $22,350,000 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. 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. 203. (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 two 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. 204. (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. 205. (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. 206. (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. 207. None of the funds made available for Border
Security Assets and Infrastructure under the heading “U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements” in this Act or prior appropriations Acts shall
be used for the procurement or deployment of surveillance
systems that are not autonomous, as such term is defined in
section 90004 of Public Law 119-21.
Sec. 208. 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 women in U.S. Customs and Border Protection
custody.
Sec. 209. (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. 210. 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. 211. 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. 212. 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” and by striking “transmit to” and inserting
“provide”.
Sec. 213. (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. 214. 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. 215. None of the funds in this Act shall be used to
reduce the Coast Guard's legacy Operations Systems Center
mission or its government-employed or contract staff levels.
Sec. 216. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 217. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 218. 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. 219. (a) For an additional amount for “Coast Guard—
Procurement, Construction, and Improvements”, $98,000,000,
to remain available until September 30, 2030, for the
procurement and acquisition of MQ-9 aircraft and associated
base stations, equipment related to such aircraft and
associated base stations, and program management for such
aircraft and base stations.
(b) None of the funds made available for the Department of
Homeland Security in this or any prior Act may be used to
procure or acquire long-range unmanned aircraft with kinetic
capabilities or to equip any long-range unmanned aircraft
with kinetic capabilities.
Sec. 220. None of the funds made available to the United
States Coast Guard by this Act may be available for
implementation of Force Design 2028 until the Coast Guard
provides the Committees on Appropriations of the House of
Representatives and the Senate detailed briefings on the
initiatives of organization, people, technology, and
contracting and acquisitions.
Sec. 221. 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. 222. (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. 223. 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. 224. 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. 225. Of the amounts made available by this Act under
the heading “United States Secret Service—Operations and
Support”, $2,000,000, to remain available until expended,
shall be distributed as a grant or cooperative agreement for
existing National Computer Forensics Institute facilities
currently used by the United States Secret Service to carry
out activities under section 383 of title 6, United States
Code.
Sec. 226. (a) Section 118 of the Treasury and General
Government Appropriations Act, 2001 (5 U.S.C. 5547 note) is
amended, in the first sentence, by inserting “(or, for 2024,
to the extent that such aggregate amount would exceed the per
annum rate of salary payable under section 104 of title 3,
United States Code)” before the period at the end.
(b) Subsection (a) shall take effect as if enacted on
December 31, 2023.
(c) Not later than 180 days after the date of enactment of
this Act, and annually thereafter through 2028, the Director
shall submit to the Committee on Appropriations of the House
of Representatives and the Senate; the Committee on Homeland
Security, the Committee on Oversight and Accountability, and
the Committee on the Judiciary of the House of
Representatives; and the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of
the Senate of Congress a report describing the steps that the
United States Secret Service is taking to address the
increased protective service demands placed upon United
States Secret Service personnel.
(d) Each report required under subparagraph (c) shall
include the following:
(1) An analysis of the current (as of the date on which the
report is submitted) operational demands and staffing levels
with respect to the United States Secret Service.
(2) Recommended strategies for reducing overtime
requirements for United States Secret Service personnel,
including—
(A) the appointment of additional personnel;
(B) solutions such that sufficient resources are available
throughout each year without the need for exceptions to, or
waivers of, premium pay limitations;
(C) the redistribution of workload among United States
Secret Service personnel; and
(D) other improvements in operational efficiency with
respect to the United States Secret Service.
(e) Within the reports required under paragraphs (3) and
(4) of section 2(c) of the Overtime Pay for Protective
Services Act of 2023 (Public Law 118-38; 138 Stat. 13) that
are submitted after the date of enactment of this Act, the
Director shall include information about—
(1) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel receiving premium pay above the pay
limitation in subsection (a) of section 5547 of title 5,
United States Code; and
(2) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel who are not fully compensated for their
overtime because their premium pay would be above the pay
limitation in section 2 of the Overtime Pay Protection Act of
2016 (5 U.S.C. 5547 note).
(f) The matter preceding the first proviso under the
heading “United States Secret Service—Operations and
Support” in division C of Public Law 118-47 shall be applied
to funds appropriated by this Act by substituting
“$40,000,000” for “$24,000,000” and substituting “2024”
for “2023”.
Sec. 227. 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. 228. 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. 229. (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.
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,
$2,218,634,000, which shall be for the purposes and in the
amounts specified in the “Final Bill” column for
Cybersecurity and Infrastructure Security Agency, Operations
and Support in the “Department of Homeland Security
Appropriations Act, 2026” table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which amounts made available for
Risk Management Operations, National Infrastructure
Simulation Analysis Center 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, $386,464,000, 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, $1,667,038,000: Provided,
That not less than $3,000,000 shall be for the Emergency
Management Assistance Compact: Provided further, 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,
$156,419,000, of which $92,794,000 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, $3,836,748,513, which shall
be allocated as follows:
(1) $494,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $85,500,000 shall be for
Operation Stonegarden and $14,250,000 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) $584,250,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $300,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $150,000,000 is for eligible
recipients located in high-risk urban areas that receive
funding under section 2003 of such Act and $150,000,000 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) $99,750,000 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
$9,500,000 shall be for Amtrak security and $1,900,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(5) $95,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $684,000,000, to remain available until September 30,
2027, of which $342,000,000 shall be for Assistance to
Firefighter Grants and $342,000,000 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) $337,250,000 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) $297,113,000 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) $11,400,000 for Regional Catastrophic Preparedness
Grants.
(10) $11,400,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam Safety
Program Act (33 U.S.C. 467f-2).
(11) $123,500,000 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.
(12) $48,000,000 for the Next Generation Warning System.
(13) $272,671,513 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table
entitled “Homeland Security—Community Project Funding/
Congressionally Directed Spending” under the “Disclosure of
Earmarks and Congressionally Directed Spending Items”
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), of which—
(A) $82,957,854, 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) $189,713,659, 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)).
(14) $478,414,000 to sustain current operations for
training, exercises, technical assistance, and other
programs, of which—
(A) $85,711,000 is for the Center for Domestic
Preparedness;
(B) $17,100,000 is for the Center for Homeland Defense and
Security;
(C) $33,366,000 is for the Emergency Management Institute;
(D) $72,140,000 is for the United States Fire
Administration;
(E) $95,950,000 is for the National Domestic Preparedness
Consortium;
(F) $15,200,000 is for Continuing Training Grants;
(G) $21,266,000 is for the National Exercise Program;
(H) $83,657,000 is for the Biological Support Program;
(I) $34,465,000 is for the Securing the Cities Program; and
(J) $19,559,000 is for Countering Weapons of Mass
Destruction Training, Exercises, and Readiness.
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.), $26,367,000,000, 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 a concurrent resolution on the
budget.
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),
$226,000,000, 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 $16,302,000 shall be
available for mission support associated with flood
management; and of which $209,698,000 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. (a) 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.
(b) Amounts appropriated by this Act for “Federal
Emergency Management Agency—Operations and Support” shall
be reduced by $100,000 for each day past the 60-day
requirement that applications are not made available to
eligible applicants as required in subsection (a), and the
amount made available under such heading and specified in the
“Department of Homeland Security Appropriations Act, 2026”
table in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act) for
Mission Support shall be correspondingly reduced by an
equivalent amount.
Sec. 304. (a) Under the heading “Federal Emergency
Management Agency—Federal Assistance”, for grants under
paragraphs (1) through (5), (9), and (10) the Administrator
of the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the House of Representatives
and the Senate five full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before five
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, and the amount made available under such
heading and specified in the “Department of Homeland
Security Appropriations Act, 2026” table in the explanatory
statement described in section 4 (in the matter preceding
division A of this Consolidated Act) for Mission Support
shall be correspondingly reduced by an equivalent amount.
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, shall 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 shall 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. Each award for grants under the heading
“Federal Emergency Management Agency—Federal Assistance”
for paragraphs (1) through (10) and (12), shall have a period
of performance, as defined by 2 CFR 200.1, that shall be of
not less than three years and not more than five years.
Sec. 313. (a) The Administrator of the Federal Emergency
Management Agency shall post an interactive dashboard on the
public-facing website of the Federal Emergency Management
Agency with any request for reimbursement for a covered
expense, delineated by state and any amount for individual
assistance or public assistance related to emergency (42
U.S.C. 5122(1)) or major disaster (42 U.S.C. 5122(2))
declarations under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.)—
(1) not more than 90 days after such information has been
received by the Federal Emergency Management Agency; and
(2) not more than 60 days after such information is under
final review by the Department of Homeland Security.
(b) The information in the interactive dashboard referenced
in subsection (a) shall
include at a minimum the information listed in subparagraphs
(1) through (7) under the heading in the paragraph titled
“Public and Individual Assistance” in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 314. (a) None of the funds appropriated in this Act
may be used to pause a training or grant funded under the
heading “Federal Emergency Management Agency—Federal
Assistance”.
(b) Subsection (a) shall not apply if the Secretary of
Homeland Security notifies the Committees on Appropriations
of the House of Representatives and the Senate not less than
10 business days in advance of the pause.
(c) The notification required by subsection (b) shall
include an explanation for the pause, plans to make up any
missed classes resulting from the pause, and the budgetary
impact of any paused training.
(d) The Secretary may waive the requirement in subsection
(b) in the event of extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
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, including for the E-
Verify Program, $122,941,000: 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)): Provided
further, That not to exceed $5,000 shall be for official
reception and representation expenses.
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,
$379,837,000, 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, $352,802,000,
of which $201,183,000 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,
$51,500,000, to remain available until September 30, 2030.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $426,904,000, 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. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and
Immigration Services may be used for the collection and use
of biometrics taken at a U.S. Citizenship and Immigration
Services Application Support Center that is overseen
virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. 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. 405. 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. 406. (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. 407. 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).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions 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 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 10
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 three full business days in advance of—
(1) making or awarding a grant allocation or grant in
excess of $1,000,000 or a grant made from the Disaster Relief
Fund in excess of $100,000;
(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 $2,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $5,000,000 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 three 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 by this Act may be made available to carry out
section 872 of the Homeland Security Act of 2002 (6 U.S.C.
452) unless explicitly authorized by the Congress after the
date of enactment of this Act.
(b) Subsection (a) shall not apply to the use of the
authorities provided by such section 872—
(1) to allocate or reallocate the functions of the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office to other offices and organizational units
within the Department consistent with the “Countering
Weapons of Mass Destruction” table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act); 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
consistent with the “Countering Weapons of Mass
Destruction” table in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(c) Notwithstanding subsection (a), the Secretary may
transfer funds made available in prior appropriations Acts to
the Countering Weapons of Mass Destruction Office between any
appropriations available to the Department 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.
(d) If the requirements of this section are not met, the
reprogramming and transfer authority provided in section 503
of this Act shall be suspended until the requirements of
subsection (a) are met.
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) 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. 528. (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. 529. 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. 530. (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. 531. (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. 532. (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. 533. 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. 534. 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. 535. 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. 536. 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. 537. (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
migrants anticipated to arrive at the southwest 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 demographic, 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 the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of—
(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) such 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. 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
individuals anticipated to be detained in and removed from
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 and family units;
(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 the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of—
(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) such 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 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) If the reporting requirement set forth in
paragraph (2) under the heading “Federal Emergency
Management Agency—Disaster Relief Fund” in the Department
of Homeland Security Appropriations Act, 2015 (Public Law
114-4), as applied in this fiscal year by section 306 of this
Act, is not submitted to the Committees on Appropriations of
the House of Representatives and the Senate and published on
the Agency's website not later than the fifth business day of
the applicable month, the amount made available for “Office
of the Secretary and Executive Management—Operations and
Support—Management and Oversight” shall be reduced by
$100,000 for each day such report is not submitted and
published on the Agency's website.
(b) During any period in which the total number of requests
for reimbursement for a covered expense for individual
assistance or public assistance related to emergency (42
U.S.C. 5122(1)) or major disaster (42 U.S.C. 5122(2))
declarations under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) that the
Department of Homeland Security has been considering under
final review for greater than 60 days exceeds 500, the amount
made available for “Office of the Secretary and Executive
Management—Operations and Support—Management and
Oversight” shall be reduced by $100,000 for each day during
such period on which the cumulative total of requests over 60
days in final review exceeds 500.
(c) Subsection (b) shall not apply if the balance of
funding for the Disaster Relief Fund is sufficient only for
the purpose of obligating funds for activities determined to
be lifesaving or life-sustaining.
Sec. 542. Section 16005(c) of title VI of division B of
the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) shall be applied as if the language read
as follows: “Subsection (a) shall apply until September 30,
2026.”.
Sec. 543. The levels for appropriations accounts specified
for classified programs in this Act shall conform to the
direction included in the classified annex accompanying this
Act and shall be implemented in a manner consistent with
section 545.
Sec. 544. Upon a determination by the Director of National
Intelligence that such action is necessary and in the
national interest, the Director may, with the approval of the
Secretary of Homeland Security and the Director of the Office
of Management and Budget, transfer amounts for the National
Intelligence Program consistent with the percentage caps
specified in section 503(c): Provided, That such authority
to transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item
for which funds are requested has been denied by the
Congress: Provided further, That a request for any transfer
of funds using authority provided in this section shall be
made consistent with the requirements of section 503(d)(1).
Sec. 545. Within seven days of the date of enactment of
this Act, and quarterly thereafter, the Department shall
submit to the Committees on Appropriation of the House of
Representatives and the Senate—
(1) an obligation plan by program, project, or activity for
each component receiving funds from Public Law 119-21;
(2) estimated fee collections for each component collecting
new or enhanced fees authorized by Public Law 119-21,
delineated by collections that a component will retain and
collections that a component will remit to other agencies or
the Treasury; and
(3) an obligation plan by program, project, or activity for
fee collections identified in paragraph (2) as being retained
by a component within the Department.
Sec. 546. (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 operated by or for the Department of Homeland
Security used to 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.
(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. 547. In addition to amounts otherwise made available
for such purposes, there is appropriated $30,000,000, for an
additional amount for “The Judiciary—Supreme Court of the
United States—Salaries and Expenses”, to remain available
until September 30, 2028: Provided, That amounts made
available pursuant to this section shall be subject to the
same authorities and conditions as if such amounts were
provided under the heading “The Judiciary—Supreme Court of
the United States—Salaries and Expenses” in the Financial
Services and General Government Appropriations Act, 2026.
Sec. 548. There is appropriated $140,000,000 for an
additional amount for “Department of Transportation—Federal
Aviation Administration—Operations” for air traffic
organization activities, to remain available until September
30, 2027: Provided, That the Administrator of the Federal
Aviation Administration shall only use such amounts to
provide a rate of pay increase for calendar year 2026 of 3.8
percent, for air traffic controllers, as defined by section
2109(1)(A) of title 5, United States Code, and air traffic
controller supervisors or managers who are not covered under
such section, but who manage air traffic: Provided further,
That such adjustment shall be implemented for all such
employees only to the extent the Administrator determines, in
his sole discretion, that improvements in workforce
scheduling, staffing utilization, or other operational
efficiencies are achieved that contribute to addressing
workforce shortfalls and enhancing aviation safety: Provided
further, That if the Administrator makes such determination,
then such adjustment shall be effective the first pay period
beginning after January 1, 2026: Provided further, That
amounts provided by this section shall be subject to the same
authorities and conditions as if such amounts were provided
by the Department of Transportation Appropriations Act, 2026.
Sec. 549. Notwithstanding section 503(c) of this Act, no
amounts may be transferred to “U.S. Customs and Border
Protection—Operations and Support” for Border Security
Operations in the “Department of Homeland Security
Appropriations Act, 2026” table of the explanatory statement
regarding this Act, as defined in section 4 (in the matter
preceding division A of this consolidated Act).
This division may be cited as the “Department of Homeland
Security Appropriations Act, 2026”.
DIVISION B—FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
Sec. 101. The Continuing Appropriations Act, 2026
(division A of Public Law 119-37) is further amended by
substituting the date of enactment of this Act for the date
specified in section 106(3).
Sec. 102. For the purposes of the Continuing
Appropriations Act, 2026 (division A of Public Law 119-37),
the time covered by such Act shall be considered to include
the period which began on or about February 14, 2026, during
which there occurred a lapse in appropriations.
Sec. 103. Amounts made available in division A of the
Homeland Security and Further Additional Continuing
Appropriations Act, 2026, the Continuing Appropriations Act,
2026 (division A of Public Law 119-37), and Public Law 119-21
for personnel pay, allowances, and benefits in each
department and agency shall be available for payments
pursuant to subsection (c) of section 1341 of title 31,
United States Code, and such payments shall be made.
Sec. 104. All obligations incurred and in anticipation of
the appropriations made and authority granted by division A
of the Homeland Security and Further Additional Continuing
Appropriations Act, 2026 and the Continuing Appropriations
Act, 2026 (division A of Public Law 119-37) for the purposes
of maintaining the essential level of activity to protect
life and property and bringing about orderly termination of
Government function, and for purposes as otherwise authorized
by law, are hereby ratified and approved if otherwise in
accord with the provisions of such Acts.
This division may be cited as the “Further Additional
Continuing Appropriations Act, 2026”.