[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2 Enrolled Bill (ENR)]
S.2
One Hundred Nineteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Saturday,
the third day of January, two thousand and twenty six
An Act
To provide for reconciliation pursuant to title II of S. Con. Res. 33.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure America
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
Sec. 101. U.S. Customs and Border Protection personnel.
Sec. 102. U.S. Immigration and Customs Enforcement.
Sec. 103. Border security, technology, and screening.
Sec. 104. Additional Department of Homeland Security appropriations.
TITLE II--COMMITTEE ON THE JUDICIARY
Sec. 201. U.S. Customs and Border Protection.
Sec. 202. U.S. Immigration and Customs Enforcement.
Sec. 203. Additional Department of Homeland Security appropriations.
TITLE I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
SEC. 101. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Personnel.--In addition to amounts otherwise available, there
is appropriated to the Commissioner of U.S. Customs and Border
Protection for fiscal year 2026, out of any money in the Treasury not
otherwise appropriated, $9,550,000,000, to remain available until
September 30, 2029, to hire, pay, train, and equip Border Patrol agents
and Border Patrol support personnel to conduct functions other than
immigration enforcement and customs functions.
(b) Restriction.--None of the funds made available by subsection
(a) may be used to recruit, hire, or train personnel for the duties of
processing coordinators after October 31, 2028.
SEC. 102. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
In addition to amounts otherwise available, there is appropriated
to the Director of U.S. Immigration and Customs Enforcement for fiscal
year 2026, out of any money in the Treasury not otherwise appropriated,
$7,450,000,000, to remain available until September 30, 2029, to hire,
pay, train, and equip Homeland Security Investigations agents and
support personnel and to provide other necessary expenses for Homeland
Security Investigations' mission support and operations and
maintenance, of which $108,500,000 shall be used to hire, pay, and
equip additional child exploitation investigators and forensics
analysts at the Victim Identification Laboratory of the Child
Exploitation Investigations Unit of Homeland Security Investigations
and at the Homeland Security Investigations offices of the Special
Agent in Charge to support the identification and rescue of victims of
child sexual exploitation and abuse, and to train such personnel and
State and local law enforcement regarding identifying victims of child
sexual exploitation and abuse within the Homeland Security
Investigations Cyber Crimes Center, except that funds provided in this
section shall be used for functions other than those related to
Homeland Security Investigations' immigration enforcement and customs
enforcement missions.
SEC. 103. BORDER SECURITY, TECHNOLOGY, AND SCREENING.
(a) In General.--In addition to amounts otherwise available, there
is appropriated to the Commissioner of U.S. Customs and Border
Protection for fiscal year 2026, out of any money in the Treasury not
otherwise appropriated, to remain available until September 30, 2029,
$3,450,000,000 for the following:
(1) Procurement and integration of new nonintrusive inspection
equipment and associated civil works, including artificial
intelligence, machine learning, and other innovative technologies,
as well as other mission support, to combat the entry or exit of
illicit narcotics at ports of entry and along the southwest,
northern, and maritime borders.
(2) Air and Marine operations' upgrading and procurement of new
platforms for rapid air and marine response capabilities.
(3) Upgrades and procurement of border surveillance
technologies along the southwest, northern, and maritime borders.
(4) Necessary expenses, including the deployment of technology,
relating to the biometric entry and exit system under section 7208
of the Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b).
(5) Enhancing border security by combating drug trafficking,
including fentanyl and its precursor chemicals, at the southwest,
northern, and maritime borders.
(6) Necessary expenses for U.S. Customs and Border Protection's
mission support and operations and maintenance for functions other
than those related to its immigration enforcement and customs
missions.
(b) Restrictions.--None of the funds made available under
subsection (a) may be used for the procurement or deployment of
surveillance towers along the southwest border and northern border that
have not been tested and accepted by U.S. Customs and Border Protection
to deliver autonomous capabilities.
(c) Definition of Autonomous.--In this section, with respect to
capabilities, the term ``autonomous'' means a system designed to apply
artificial intelligence, machine learning, computer vision, or other
algorithms to accurately detect, identify, classify, and track items of
interest in real time such that the system can make operational
adjustments without the active engagement of personnel or continuous
human command or control.
SEC. 104. ADDITIONAL DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS.
In addition to amounts otherwise available, there are appropriated
to the Secretary of Homeland Security for fiscal year 2026, out of any
money in the Treasury not otherwise appropriated, $2,500,000,000, to
remain available until September 30, 2029, for the purposes provided in
this title.
TITLE II--COMMITTEE ON THE JUDICIARY
SEC. 201. U.S. CUSTOMS AND BORDER PROTECTION.
In addition to amounts otherwise available, there is appropriated
to the Commissioner of U.S. Customs and Border Protection for fiscal
year 2026, out of any money in the Treasury not otherwise appropriated,
$13,020,000,000, to remain available until September 30, 2029, for
hiring, paying, training, and equipping U.S. Customs and Border
Protection agents, and the necessary support staff, and to provide
other necessary expenses for U.S. Customs and Border Protection mission
support and operations and maintenance, in order to carry out
immigration enforcement activities.
SEC. 202. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
In addition to amounts otherwise available, there is appropriated
to the Director of U.S. Immigration and Customs Enforcement for fiscal
year 2026, out of any money in the Treasury not otherwise appropriated,
$31,075,000,000, to remain available until September 30, 2029, for the
following purposes:
(1) Hiring, paying, and training.--Hiring, paying, training,
and equipping U.S. Immigration and Customs Enforcement personnel
and the personnel for all its directorates, including officers,
agents, investigators, attorneys and support staff, to carry out
immigration enforcement activities.
(2) Transportation.--Funding for transportation costs and
related costs associated with alien departure or removal
operations.
(3) Information technology.--Funding for information technology
maintenance and sustainment to support enforcement and removal
operations, including improvements to fee collections and body-worn
cameras.
(4) Facility maintenance and sustainment.--Funding for facility
maintenance and sustainment to support enforcement and removal
operations.
(5) Fleet maintenance and sustainment.--Funding for fleet
maintenance and sustainment to support enforcement and removal
operations.
(6) 287(g) agreements.--Supporting coordination with state and
local authorities by expanding, facilitating, and implementing
agreements under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)).
(7) Office of the principal legal advisor.--Hiring and paying
attorneys and the necessary support staff within the Office of the
Principal Legal Advisor to represent the Department in immigration
enforcement and removal proceedings.
(8) Operation and maintenance.--Necessary expenses for U.S.
Immigration and Customs Enforcement's mission support, including
awards, and operations and maintenance for its immigration
enforcement functions.
(9) Operations by u.s. immigration and customs enforcement to
arrest released covered unlawful aliens.--
(A) In general.--Not less than $350,000,000 for U.S.
Immigration and Customs Enforcement for necessary expenses, in
accordance with existing law, of detainer management, detainer
issuance, custodial transfer, release monitoring,
transportation, and arrests of covered unlawful aliens
encountered in jurisdictions that are not qualified cooperating
jurisdictions, except that no Indian tribal government shall be
treated as a jurisdiction that is not a qualified cooperating
jurisdiction for purposes of this subparagraph.
(B) Qualified cooperating jurisdiction defined.--In this
paragraph, the term ``qualified cooperating jurisdiction''
means a State or political subdivision of a State that, as of
the date of the enactment of this Act--
(i) is party to a written agreement in effect under
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)); or
(ii) has in effect, and has filed with the Secretary in
such form and manner as the Secretary may prescribe, a
certification that such State or political subdivision is
in compliance with section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) and section 434 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1644).
(C) Limitation on use of funds.--None of the funds
appropriated pursuant to this paragraph may be used, except as
required by existing law, to release, parole, place on
alternatives to detention, transport for purposes of release,
or otherwise facilitate the release into the community of any
covered unlawful alien encountered.
(D) Covered unlawful alien defined.--In this paragraph, the
term ``covered unlawful alien'' means an adult alien who--
(i) is described in section 236(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)(1));
(ii) is inadmissible under section 212(a)(2) of such
Act (8 U.S.C. 1182(a)(2));
(iii) is deportable under section 237(a)(2) of such Act
(8 U.S.C. 1227(a)(2));
(iv) following an arrest, charge, booking, or
conviction for a criminal offense under Federal, State, or
local law, other than a minor traffic offense, is the
subject of an immigration detainer, notice request, or
custody-transfer request issued by the Department of
Homeland Security pursuant to section 236, 241(a), or 287
of such Act (8 U.S.C. 1226, 1231(a), or 1357); or
(v) has been charged with or convicted of an offense
described in section 275 or 276 of such Act (8 U.S.C. 1325
or 1326).
SEC. 203. ADDITIONAL DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated
to the Secretary of Homeland Security for fiscal year 2026, out of any
money in the Treasury not otherwise appropriated, $2,500,000,000, to
remain available until September 30, 2029, for the purposes provided in
this title or in paragraph (3) or (7) of section 100051 of Public Law
119-21.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.