[Congressional Record Volume 172, Number 21 (Thursday, January 29, 2026)]
[Senate]
[Page S389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4277. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 7148, making further consolidated appropriations 
for the fiscal year ending September 30, 2026, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 1198, strike line 23 and all that follows 
     through page 1201, line 19, and insert the following:
       Sec. 503. (a) None of the funds provided by this Act, or by 
     any prior appropriations Act, to the components in, or 
     transferred to, the Department of Homeland Security that 
     remain available for obligation or expenditure during 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 or from Public Law 119-
     21 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 $1,000,000 or 1 percent, whichever is 
     less;
       (4) reduces funding for any program, project, or activity, 
     or numbers of personnel, by 5 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 approved by the Congress.
       (b) Subsection (a) shall not apply if the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives are notified 
     at least 30 days in advance of such reprogramming.
       (c) Up to 5 percent of any appropriation made available by 
     this Act for fiscal year 2026 for the Department of Homeland 
     Security or provided by any prior appropriations Act may be 
     transferred between such appropriations if the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives are notified 
     at least 30 days in advance of such transfer. None of these 
     appropriations, except as otherwise specifically provided, 
     may be increased by more than 1 percent by such transfer.
       (d) Notwithstanding subsections (a), (b), and (c), funds 
     may not be reprogrammed within or transferred between 
     appropriations--
       (1) based upon an initial notification provided after June 
     15, 2026, except in extraordinary circumstances that 
     imminently threaten the safety of human life or the 
     protection of property by a natural disaster or congressional 
     authorized drug interdiction carried out by the United States 
     Coast Guard;
       (2) to increase or decrease funding for grant programs; or
       (3) to create a program, project, or activity described in 
     subsection (a)(1), including any new function or requirement 
     within any program, project, or activity that has not been 
     approved by Congress.
       (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 to the Department of 
     Homeland Security in a prior appropriations Act or funds 
     provided under Public Law 119-21 that remain available for 
     obligation during the 3-year period ending on September 30, 
     2029.
       (f) Funds may not be reprogrammed or transferred to, from, 
     or within U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection.
                                 ______