[119th Congress Public Law 98]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 837]]
Public Law 119-98
119th Congress
An Act
To provide for reconciliation pursuant to title II of S. Con. Res.
33. <<NOTE: June 10, 2026 - [S. 2]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Secure America
Act. Budget.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure America
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
Sec. 101. U.S. Customs and Border Protection personnel.
Sec. 102. U.S. Immigration and Customs Enforcement.
Sec. 103. Border security, technology, and screening.
Sec. 104. Additional Department of Homeland Security appropriations.
TITLE II--COMMITTEE ON THE JUDICIARY
Sec. 201. U.S. Customs and Border Protection.
Sec. 202. U.S. Immigration and Customs Enforcement.
Sec. 203. Additional Department of Homeland Security appropriations.
TITLE I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
SEC. 101. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Personnel.--In addition to amounts otherwise available, there is
appropriated to the Commissioner of U.S. Customs and Border Protection
for fiscal year 2026, out of any money in the Treasury not otherwise
appropriated, $9,550,000,000, to remain available until September 30,
2029, to hire, pay, train, and equip Border Patrol agents and Border
Patrol support personnel to conduct functions other than immigration
enforcement and customs functions.
(b) <<NOTE: Expiration date.>> Restriction.--None of the funds made
available by subsection (a) may be used to recruit, hire, or train
personnel for the duties of processing coordinators after October 31,
2028.
SEC. 102. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
In addition to amounts otherwise available, there is appropriated to
the Director of U.S. Immigration and Customs Enforcement for fiscal year
2026, out of any money in the Treasury not
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otherwise appropriated, $7,450,000,000, to remain available until
September 30, 2029, to hire, pay, train, and equip Homeland Security
Investigations agents and support personnel and to provide other
necessary expenses for Homeland Security Investigations' mission support
and operations and maintenance, of which $108,500,000 shall be used to
hire, pay, and equip additional child exploitation investigators and
forensics analysts at the Victim Identification Laboratory of the Child
Exploitation Investigations Unit of Homeland Security Investigations and
at the Homeland Security Investigations offices of the Special Agent in
Charge to support the identification and rescue of victims of child
sexual exploitation and abuse, and to train such personnel and State and
local law enforcement regarding identifying victims of child sexual
exploitation and abuse within the Homeland Security Investigations Cyber
Crimes Center, except that funds provided in this section shall be used
for functions other than those related to Homeland Security
Investigations' immigration enforcement and customs enforcement
missions.
SEC. 103. BORDER SECURITY, TECHNOLOGY, AND SCREENING.
(a) In General.--In addition to amounts otherwise available, there
is appropriated to the Commissioner of U.S. Customs and Border
Protection for fiscal year 2026, out of any money in the Treasury not
otherwise appropriated, to remain available until September 30, 2029,
$3,450,000,000 for the following:
(1) Procurement and integration of new nonintrusive
inspection equipment and associated civil works, including
artificial intelligence, machine learning, and other innovative
technologies, as well as other mission support, to combat the
entry or exit of illicit narcotics at ports of entry and along
the southwest, northern, and maritime borders.
(2) Air and Marine operations' upgrading and procurement of
new platforms for rapid air and marine response capabilities.
(3) Upgrades and procurement of border surveillance
technologies along the southwest, northern, and maritime
borders.
(4) Necessary expenses, including the deployment of
technology, relating to the biometric entry and exit system
under section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b).
(5) Enhancing border security by combating drug trafficking,
including fentanyl and its precursor chemicals, at the
southwest, northern, and maritime borders.
(6) Necessary expenses for U.S. Customs and Border
Protection's mission support and operations and maintenance for
functions other than those related to its immigration
enforcement and customs missions.
(b) Restrictions.--None of the funds made available under subsection
(a) may be used for the procurement or deployment of surveillance towers
along the southwest border and northern border that have not been tested
and accepted by U.S. Customs and Border Protection to deliver autonomous
capabilities.
(c) Definition of Autonomous.--In this section, with respect to
capabilities, the term ``autonomous'' means a system designed to apply
artificial intelligence, machine learning, computer vision, or other
algorithms to accurately detect, identify, classify, and track items of
interest in real time such that the system can make
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operational adjustments without the active engagement of personnel or
continuous human command or control.
SEC. 104. ADDITIONAL DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS.
In addition to amounts otherwise available, there are appropriated
to the Secretary of Homeland Security for fiscal year 2026, out of any
money in the Treasury not otherwise appropriated, $2,500,000,000, to
remain available until September 30, 2029, for the purposes provided in
this title.
TITLE II--COMMITTEE ON THE JUDICIARY
SEC. 201. U.S. CUSTOMS AND BORDER PROTECTION.
In addition to amounts otherwise available, there is appropriated to
the Commissioner of U.S. Customs and Border Protection for fiscal year
2026, out of any money in the Treasury not otherwise appropriated,
$13,020,000,000, to remain available until September 30, 2029, for
hiring, paying, training, and equipping U.S. Customs and Border
Protection agents, and the necessary support staff, and to provide other
necessary expenses for U.S. Customs and Border Protection mission
support and operations and maintenance, in order to carry out
immigration enforcement activities.
SEC. 202. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
In addition to amounts otherwise available, there is appropriated to
the Director of U.S. Immigration and Customs Enforcement for fiscal year
2026, out of any money in the Treasury not otherwise appropriated,
$31,075,000,000, to remain available until September 30, 2029, for the
following purposes:
(1) Hiring, paying, and training.--Hiring, paying, training,
and equipping U.S. Immigration and Customs Enforcement personnel
and the personnel for all its directorates, including officers,
agents, investigators, attorneys and support staff, to carry out
immigration enforcement activities.
(2) Transportation.--Funding for transportation costs and
related costs associated with alien departure or removal
operations.
(3) Information technology.--Funding for information
technology maintenance and sustainment to support enforcement
and removal operations, including improvements to fee
collections and body-worn cameras.
(4) Facility maintenance and sustainment.--Funding for
facility maintenance and sustainment to support enforcement and
removal operations.
(5) Fleet maintenance and sustainment.--Funding for fleet
maintenance and sustainment to support enforcement and removal
operations.
(6) 287(g) agreements.--Supporting coordination with state
and local authorities by expanding, facilitating, and
implementing agreements under section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)).
(7) Office of the principal legal advisor.--Hiring and
paying attorneys and the necessary support staff within the
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Office of the Principal Legal Advisor to represent the
Department in immigration enforcement and removal proceedings.
(8) Operation and maintenance.--Necessary expenses for U.S.
Immigration and Customs Enforcement's mission support, including
awards, and operations and maintenance for its immigration
enforcement functions.
(9) Operations by u.s. immigration and customs enforcement
to arrest released covered unlawful aliens.--
(A) In general.--Not less than $350,000,000 for U.S.
Immigration and Customs Enforcement for necessary
expenses, in accordance with existing law, of detainer
management, detainer issuance, custodial transfer,
release monitoring, transportation, and arrests of
covered unlawful aliens encountered in jurisdictions
that are not qualified cooperating jurisdictions, except
that no Indian tribal government shall be treated as a
jurisdiction that is not a qualified cooperating
jurisdiction for purposes of this subparagraph.
(B) Qualified cooperating jurisdiction defined.--In
this paragraph, the term ``qualified cooperating
jurisdiction'' means a State or political subdivision of
a State that, as of the date of the enactment of this
Act--
(i) is party to a written agreement in effect
under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); or
(ii) has in effect, and has filed with the
Secretary in such form and manner as the Secretary
may prescribe, a certification that such State or
political subdivision is in compliance with
section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) and section 434 of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1644).
(C) Limitation on use of funds.--None of the funds
appropriated pursuant to this paragraph may be used,
except as required by existing law, to release, parole,
place on alternatives to detention, transport for
purposes of release, or otherwise facilitate the release
into the community of any covered unlawful alien
encountered.
(D) Covered unlawful alien defined.--In this
paragraph, the term ``covered unlawful alien'' means an
adult alien who--
(i) is described in section 236(c)(1) of the
Immigration and Nationality Act (8 U.S.C.
1226(c)(1));
(ii) is inadmissible under section 212(a)(2)
of such Act (8 U.S.C. 1182(a)(2));
(iii) is deportable under section 237(a)(2) of
such Act (8 U.S.C. 1227(a)(2));
(iv) following an arrest, charge, booking, or
conviction for a criminal offense under Federal,
State, or local law, other than a minor traffic
offense, is the subject of an immigration
detainer, notice request, or custody-transfer
request issued by the Department of Homeland
Security pursuant to section 236, 241(a), or 287
of such Act (8 U.S.C. 1226, 1231(a), or 1357); or
[[Page 140 STAT. 841]]
(v) has been charged with or convicted of an
offense described in section 275 or 276 of such
Act (8 U.S.C. 1325 or 1326).
SEC. 203. ADDITIONAL DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated to
the Secretary of Homeland Security for fiscal year 2026, out of any
money in the Treasury not otherwise appropriated, $2,500,000,000, to
remain available until September 30, 2029, for the purposes provided in
this title or in paragraph (3) or (7) of section 100051 of Public Law
119-21.
Approved June 10, 2026.
LEGISLATIVE HISTORY--S. 2:
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CONGRESSIONAL RECORD, Vol. 172 (2026):
June 3, 4, considered and passed Senate.
June 9, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2026):
June 10, Presidential remarks.
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