[Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)]
[Senate]
[Pages S2602-S2603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5649. Mrs. MURRAY (for herself and Mr. Padilla) submitted an
amendment intended to be proposed to amendment SA 5453 proposed by Mr.
Graham to the bill S. 2, to provide for reconciliation pursuant to
title II of S. Con. Res. 33.; which was ordered to lie on the table; as
follows:
At the end of the amendment, add the following:
SEC. 204. LIMITATIONS ON FUNDS FOR DEPARTMENT OF HOMELAND
SECURITY.
(a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act
or by any other Act, including prior Acts and laws other than
appropriations Acts, may be used for any of the following:
(1) 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, except
that--
(A) such prohibition shall not apply if--
(i) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(I) is a serious flight risk, and such risk cannot be
prevented by other means; or
(II) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(ii) 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; and
(B) if a pregnant woman is restrained pursuant to
subparagraph (A)--
(i) only the safest and least restrictive restraints, as
determined by the appropriate medical professional treating
the woman, may be used;
(ii) 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; and
(iii) a pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
(2) To continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Inspector General
of the Department of Homeland Security determines that the
terms of the agreement governing the delegation of authority
have been materially violated.
(3) To reduce the presence of U.S. Immigration and Customs
Enforcement attaches or liaisons at international U.S.
embassies or consulates for the purposes of international
investigations or partnerships with foreign law enforcement,
except that such prohibition shall not apply to a reduction
of presence in a specific country if--
(A) the Secretary of Homeland Security, in collaboration
with the Secretary of State, provides a written explanation
of how maintaining a collaborative investigatory presence in
a specific country undermines U.S. foreign policy interests
in that country to the appropriate Committees of the House of
Representatives and the Senate; or
(B) such country requests the cessation of collaborative
law enforcement activities performed by the attache or
liaison stationed at the embassy or consulate to their
country.
(4) To continue any contract for the provision of detention
services if the two most recent overall performance
evaluations, which shall be conducted by the U.S. Immigration
and Customs Enforcement Office of Professional
Responsibility, received by the contracted facility are less
than ``adequate'' or the equivalent median score in any
subsequent performance evaluation system.
(b) The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116-260) shall continue to be
submitted semimonthly and shall apply to funds appropriated
or otherwise made available to the Department of Homeland
Security by this Act or any other Act, including prior Acts
and laws other than appropriations Acts, and each matter
required to be included in such reports by such section 216
shall apply in the same manner and to the same extent during
the period described in such section 216.
(c) The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall apply to this Act or
any other Act, including prior Acts and laws other than
appropriations Acts.
(d)(1) Not later than 30 days after the date of enactment
of this Act, the Director of U.S. Immigration and Customs
Enforcement shall provide a briefing and submit an initial,
written obligation plan for funding provided for the
activities of U.S. Immigration and Customs Enforcement as
appropriated or otherwise made available to the Department of
Homeland Security by this Act or any other Act, including
prior Acts and laws other than appropriations Acts, to the
appropriate Committees of the House of Representatives and
the Senate, which shall--
(A) be delineated by month, program, project, and activity,
and pay and non-pay requirements;
(B) incorporate and delineate all funding sources available
to U.S. Immigration and Customs Enforcement, to include
unobligated carryover balances and fees; and
(C) contain data-driven assumptions for major contract
costs, projected personnel levels, and operational and policy
considerations.
(2) The Director of U.S. Immigration and Customs
Enforcement shall provide monthly briefings and written
updates to the plan required in paragraph (1), which shall
include, at a minimum, the following information as of the
conclusion of the preceding month--
(A) actual obligations and expenditures, including prior
year;
(B) carryover from prior year unobligated balances;
(C) resource projections for the remainder of the fiscal
year;
(D) payroll projections for the remainder of the fiscal
year, based on forecasted gains and losses;
(E) identification of any contracts with a period of
performance extending beyond the current fiscal year;
(F) obligations and expenditures for specific domestic and
international investigative mission areas, including
countering fentanyl and child exploitation;
(G) the rate of operations for the custody operations,
alternatives to detention, and transportation and removal
operations programs, projects, and activities, which shall
include a projection of the exhaustion of funds based on
current resources and operational levels; and
(H) the initial obligation plan as described in paragraph
(1), displayed unchanged for the purposes of comparison.
(3) The monthly updates required by paragraph (2) shall be
submitted no later than 15 days after the beginning of the
month following the submission of the initial obligation plan
as described in paragraph (1).
(e)(1) Not later than 90 days after the date of enactment
of this Act, the Director of U.S. Immigration and Customs
Enforcement shall submit to the appropriate Committees of the
House of Representatives and the Senate a written execution
plan for the funding appropriated or otherwise made available
to the Department of Homeland Security by this Act or any
other Act, including prior Acts and laws other than
appropriations Acts, for detention facilities, to include the
following elements:
(A) the location, number of beds, and estimated cost per
bed of each detention facility utilized by or on behalf of
U.S. Immigration and Customs Enforcement in the preceding
quarter;
(B) the location, number of beds, and estimated cost per
bed of each detention facility projected to be utilized by or
on behalf of U.S. Immigration and Customs Enforcement in the
subsequent quarter;
(C) the total number of beds projected to be utilized by or
on behalf of U.S. Immigration and Customs Enforcement through
the end of the fiscal year;
(D) any associated increase or decrease in transportation
and removal operations cost estimates associated with
subparagraphs (A), (B), and (C) of this paragraph, to include
removal flights; and
(E) a general overview of the desired geographic end-state
for detention facilities, any new operational models or
strategies related to detention capacity that will be
utilized, and a comparison of current detention capacity
against projected end-state capacity.
(2)(A) Subsequent to the submission of the written
execution plan provided in paragraph (1), the Director of
U.S. Immigration and Customs Enforcement shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a briefing and written update to such
execution plan not later than 30 days following the end of
each fiscal quarter; and
(B) each briefing and written update described in
subparagraph (A) shall include a review of the execution of
funds for the most recently completed quarter, a comparison
of the actual execution of funds in relation to the planned
execution of funds, and any remedial actions taken in the
case of a failure to execute funding in accordance with the
[[Page S2603]]
initial execution plan as described in paragraph (1); and
(3) The initial execution plan described in paragraph (1)
shall be displayed unchanged for purposes of comparison in
the briefings and written updates described in paragraph (2).
(f)(1) Not less than $25,000,000 made available by this Act
for the Department of Homeland shall be used to support and
conduct necessary operations of the Blue Campaign, including
$5,000,000 for each of the fiscal years 2026 through 2030.
(2) Prior to the obligation of funds made available by
paragraph (1), notification shall be submitted to the
appropriate Committees of the House of Representatives and
the Senate.
(g) In this section, the term ``appropriate Committees of
the House of Representatives and the Senate'' includes--
(1) the Committee on Appropriations of the House of
Representatives;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(h) Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing
in certain areas, shall apply with respect to funds made
available in this Act in the same manner as such section
applied to funds made available in that Act.
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