[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 2
_______________________________________________________________________
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.
Passed the Senate June 5 (legislative day, June 4), 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 2
_______________________________________________________________________
AN ACT
To provide for reconciliation pursuant to title II of S. Con. Res. 33.