[119th Congress Public Law 86]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 773]]
Public Law 119-86
119th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes. <<NOTE: Apr. 30,
2026 - [H.R. 7147]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Homeland
Security and Further Additional Continuing Appropriations Act, 2026.>>
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,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION B--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
SEC. 3. <<NOTE: 1 USC 1 note.>> 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
[[Page 140 STAT. 774]]
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-- <<NOTE: Department of Homeland Security Appropriations Act,
2026.>> 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, <<NOTE: Submission.>> 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.
[[Page 140 STAT. 775]]
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) <<NOTE: Reports.>> 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 2026.
(b) <<NOTE: Review. Assessment. Compliance. Deadline.>> 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,
2027.
Sec. 102. (a) <<NOTE: Budget. Reports.>> 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
[[Page 140 STAT. 776]]
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. <<NOTE: Notifications.>> (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) <<NOTE: Briefing. Deadline. Time period.>> 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
[[Page 140 STAT. 777]]
(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) <<NOTE: Memorandums. Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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--
[[Page 140 STAT. 778]]
(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. <<NOTE: Reports. Time periods.>> (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) <<NOTE: Effective date. Recommenda- tions.>> 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.
[[Page 140 STAT. 779]]
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) <<NOTE: Deadline. Spend plan.>> 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
[[Page 140 STAT. 780]]
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
[[Page 140 STAT. 781]]
$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
[[Page 140 STAT. 782]]
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. <<NOTE: Applicability.>> 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. <<NOTE: Fees.>> 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. <<NOTE: Consultation.>> (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
[[Page 140 STAT. 783]]
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) <<NOTE: Notification. Deadline. Waivers.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Deadline. Expenditure plan.>> 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. <<NOTE: Surveillance systems.>> 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. <<NOTE: Pregnant women.>> 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
[[Page 140 STAT. 784]]
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. <<NOTE: Passenger and baggage screening.>> (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. <<NOTE: Contracts. Explosives detection systems.>>
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. <<NOTE: Reports.>> 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. <<NOTE: Fees.>> (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''.
[[Page 140 STAT. 785]]
(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. <<NOTE: Investment plan.>> 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. <<NOTE: Briefings.>> 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
[[Page 140 STAT. 786]]
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) <<NOTE: Contracts. Reimbursements.>> 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. <<NOTE: Notification. Time period.>> 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) <<NOTE: Effective date. 5 USC 5547 note.>> Subsection (a) shall
take effect as if enacted on December 31, 2023.
(c) <<NOTE: Reports. Time period.>> 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;
[[Page 140 STAT. 787]]
(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) <<NOTE: Applicability.>> 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. <<NOTE: Exports and imports. Drugs and drug
abuse. Canada. Compliance.>> 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, <<NOTE: Applicability. Time period.>> 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. <<NOTE: Puerto Rico. Virgin Islands.>> 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
[[Page 140 STAT. 788]]
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:
[[Page 140 STAT. 789]]
(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, <<NOTE: Puerto Rico.>> 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, <<NOTE: Terrorism.>> 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, <<NOTE: Security assistance.>> 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.
[[Page 140 STAT. 790]]
(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
[[Page 140 STAT. 791]]
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
[[Page 140 STAT. 792]]
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. <<NOTE: Grants.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: Grants. Deadlines.>> 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) <<NOTE: Reductions. Time period.>> 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. <<NOTE: Grants. Briefing. Time period. Public
information.>> (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) <<NOTE: Rescission. Reduction.>> 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. <<NOTE: Applicability.>> 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
[[Page 140 STAT. 793]]
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. <<NOTE: Waiver authority.>> 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. <<NOTE: Fees.>> (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) <<NOTE: Effective date.>> 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. <<NOTE: Waiver authority.>> 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.
[[Page 140 STAT. 794]]
Sec. 312. <<NOTE: Grants. Time period.>> 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. <<NOTE: Web posting. Public information. Deadlines.>> (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) <<NOTE: Notification. Time period.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Waiver authority.>> 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.
[[Page 140 STAT. 795]]
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
[[Page 140 STAT. 796]]
(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. <<NOTE: Notifications. Time periods.>> (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
[[Page 140 STAT. 797]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Applicability. 31 USC 501 note.>> (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.
[[Page 140 STAT. 798]]
(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. <<NOTE: Deadline.>> (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) <<NOTE: Notification.>> 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) <<NOTE: Briefing. Plan.>> 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. <<NOTE: Notifications. Time
period. Grants. Contracts. Public information.>> (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) <<NOTE: Determination. Deadline.>> 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
[[Page 140 STAT. 799]]
(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. <<NOTE: Notification. Contracts.>> 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. <<NOTE: Applicability.>> 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
[[Page 140 STAT. 800]]
available to the Department as necessary to carry out the purposes
described in subsection (b).
Sec. 514. <<NOTE: National identification card.>> None of the
funds made available in this Act may be used for planning, testing,
piloting, or developing a national identification card.
Sec. 515. <<NOTE: Delegation authority.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: Pornography.>> (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. <<NOTE: Firearms.>> 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. <<NOTE: Conference
attendees. Determination. Notification. Deadline.>> (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) <<NOTE: Definition.>> 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
[[Page 140 STAT. 801]]
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. <<NOTE: Pay reform. Employment positions. Time
period. Notification.>> (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) <<NOTE: Analysis.>> 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. <<NOTE: Web posting. Public
information. Reports. Determination.>> (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) <<NOTE: Time period.>> 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) <<NOTE: Suspension.>> 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. <<NOTE: Extension.>> 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. <<NOTE: Pregnant women. Determinations.>> (a) Except as
provided in subsection (b), none of the funds made available in this Act
may be used to place restraints
[[Page 140 STAT. 802]]
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. <<NOTE: Records.>> (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) <<NOTE: Sexual assault.>> potential sexual assault or
abuse perpetrated against; or
(3) <<NOTE: Law enforcement and crime.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Reports.>> (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--
[[Page 140 STAT. 803]]
(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) <<NOTE: Definition.>> 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. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
ns.>> (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) <<NOTE: Threat assessment.>> 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) <<NOTE: Time period. Reports.>> 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
[[Page 140 STAT. 804]]
necessary, detailing each covered individual, and the scope and
associated cost of protection.
Sec. 532. <<NOTE: Project proposal.>> (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) <<NOTE: Notifications.>> notifies the Committees on
Appropriations of the House of Representatives and the Senate of
the proposed submission of the project proposal;
(2) <<NOTE: Records.>> submits to the Committees on
Appropriations a copy of the project proposal; and
(3) <<NOTE: Analysis.>> 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) <<NOTE: Time period. Reports.>> 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. <<NOTE: Deadline. Reductions.>> 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. <<NOTE: Contracts. Memorandums. Grants. Loans.>> 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. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release,
[[Page 140 STAT. 805]]
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. <<NOTE: Time period. Effective date. Border estimates.>>
(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) <<NOTE: Review.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Suspension.>> 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. <<NOTE: Time period. Effective date. Detention and removal
estimates.>> (a) The Secretary of Homeland Security shall, on a monthly
basis beginning immediately after the date of enactment
[[Page 140 STAT. 806]]
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) <<NOTE: Review.>> 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) <<NOTE: Suspension.>> 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. <<NOTE: Analyses. Examination. Reports.>> (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
[[Page 140 STAT. 807]]
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) <<NOTE: Time period.>> 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. <<NOTE: Deadline. Reductions.>> (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) <<NOTE: Time period. Reimbursement.>> 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. <<NOTE: Applicability. 6 USC 320 note.>> 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. <<NOTE: Determination. Approval.>> 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
[[Page 140 STAT. 808]]
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. <<NOTE: Deadline. Time period. Obligation plans.>> 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) <<NOTE: Fee estimates.>> 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. <<NOTE: Facility oversight.>> (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) <<NOTE: Time period.>> 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, <<NOTE: Pay
increase. Air traffic controllers.>> 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
[[Page 140 STAT. 809]]
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, <<NOTE: Determination.>> 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, <<NOTE: Effective date.>>
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-- <<NOTE: Further Additional Continuing Appropriations Act,
2026.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
Sec. 101. The Continuing Appropriations Act, 2026 (division A of
Public Law 119-37) <<NOTE: Ante, p. 628.>> 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. <<NOTE: Pay and benefit payments.>> 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.
[[Page 140 STAT. 810]]
This division may be cited as the ``Further Additional Continuing
Appropriations Act, 2026''.
Approved April 30, 2026.
LEGISLATIVE HISTORY--H.R. 7147:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 172 (2026):
Jan. 22, considered and passed House.
Mar. 26, considered and passed Senate, amended.
Mar. 27, House concurred in Senate amendment with an
amendment pursuant to H. Res. 1142.
Apr. 2, Senate disagreed to House amendment.
Apr. 30, House receded from its amendment and concurred in
Senate amendment.
<all>