Text of US HB 4213 (2025)
Department of Homeland Security Appropriations Act, 2026
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As introduced
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Union Calendar No. 139
119TH CONGRESS
1ST SESSION H. R. 4213
[Report No. 119–173]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2026, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2025
Mr. AMODEI of Nevada, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
A BILL
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2026,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
That the following sums are appropriated, out of any
3
money in the Treasury not otherwise appropriated, for the
4
Department of Homeland Security for the fiscal year end-
5
ing September 30, 2026, and for other purposes, namely:
6
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TITLE I
1
DEPARTMENTAL MANAGEMENT,
2
INTELLIGENCE,
3
SITUATIONAL AWARENESS, AND OVERSIGHT
4
OFFICE OF THE SECRETARY AND EXECUTIVE
5
MANAGEMENT
6
OPERATIONS AND SUPPORT
7
For necessary expenses of the Office of the Secretary
8
and for executive management for operations and support,
9
$246,230,000, of which $26,050,000 shall remain avail-
10
able until September 30, 2027: Provided, That $5,000,000
11
shall be withheld from obligation until the Secretary sub-
12
mits, to the Committees on Appropriations of the House
13
of Representatives and the Senate, responses to all ques-
14
tions for the record for each hearing on the fiscal year
15
2027 budget submission for the Department of Homeland
16
Security held by such Committees prior to July 1: Pro-
17
vided further, That not to exceed $30,000 shall be for offi-
18
cial reception and representation expenses.
19
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
20
For necessary expenses of the Office of the Secretary
21
and for executive management for procurement, construc-
22
tion, and improvements, $8,113,000, to remain available
23
until September 30, 2028.
24
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MANAGEMENT DIRECTORATE
1
OPERATIONS AND SUPPORT
2
For necessary expenses of the Management Direc-
3
torate for operations and support, $1,648,509,000: Pro-
4
vided, That not to exceed $2,000 shall be for official recep-
5
tion and representation expenses.
6
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
7
For necessary expenses of the Management Direc-
8
torate for procurement, construction, and improvements,
9
$96,306,000, of which $66,306,00 shall remain available
10
until September 30, 2028, and of which $30,000,000 shall
11
remain available until September 30, 2030.
12
FEDERAL PROTECTIVE SERVICE
13
The revenues and collections of security fees credited
14
to this account shall be available until expended for nec-
15
essary expenses related to the protection of federally
16
owned and leased buildings and for the operations of the
17
Federal Protective Service.
18
INTELLIGENCE, ANALYSIS, AND SITUATIONAL
19
AWARENESS
20
OPERATIONS AND SUPPORT
21
For necessary expenses of the Office of Intelligence
22
and Analysis and the Office of Homeland Security Situa-
23
tional
Awareness
for
operations
and
support,
24
$360,788,000, of which $114,118,000 shall remain avail-
25
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able until September 30, 2027: Provided, That not to ex-
1
ceed $2,000,000 is available for facility needs associated
2
with secure space at fusion centers, including improve-
3
ments to buildings: Provided further, That not to exceed
4
$3,825 shall be for official reception and representation
5
expenses.
6
OFFICE OF INSPECTOR GENERAL
7
OPERATIONS AND SUPPORT
8
For necessary expenses of the Office of Inspector
9
General for operations and support, $223,063,000: Pro-
10
vided, That not to exceed $300,000 may be used for cer-
11
tain confidential operational expenses, including the pay-
12
ment of informants, to be expended at the direction of the
13
Inspector General.
14
ADMINISTRATIVE PROVISIONS
15
SEC. 101. (a) The Secretary of Homeland Security
16
shall submit a report not later than October 15, 2026,
17
to the Inspector General of the Department of Homeland
18
Security listing all grants and contracts awarded by any
19
means other than full and open competition during fiscal
20
years 2025 or 2026.
21
(b) The Inspector General shall review the report re-
22
quired by subsection (a) to assess departmental compli-
23
ance with applicable laws and regulations and report the
24
results of that review to the Committees on Appropriations
25
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•HR 4213 RH
of the House of Representatives and the Senate not later
1
than February 15, 2027.
2
SEC. 102. Not later than 30 days after the last day
3
of each month, the Chief Financial Officer of the Depart-
4
ment of Homeland Security shall submit to the Commit-
5
tees on Appropriations of the House of Representatives
6
and the Senate a monthly budget and staffing report that
7
includes total obligations of the Department for that
8
month and for the fiscal year at the appropriation and
9
program, project, and activity levels, by the source year
10
of the appropriation.
11
SEC. 103. (a) The Secretary of Homeland Security,
12
in consultation with the Secretary of the Treasury, shall
13
notify the Committees on Appropriations of the House of
14
Representatives and the Senate of any proposed transfer
15
of funds available under section 9705(g)(4)(B) of title 31,
16
United States Code, from the Department of the Treasury
17
Forfeiture Fund to any agency within the Department of
18
Homeland Security.
19
(b) None of the funds identified for such a transfer
20
may be obligated until the Committees on Appropriations
21
of the House of Representatives and the Senate are noti-
22
fied of the proposed transfer.
23
SEC. 104. All official costs associated with the use
24
of Government aircraft by Department of Homeland Secu-
25
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rity personnel to support official travel of the Secretary
1
and the Deputy Secretary shall be paid from amounts
2
made available for the Office of the Secretary.
3
SEC. 105. (a) The Under Secretary for Management
4
shall brief the Committees on Appropriations of the House
5
of Representatives and the Senate not later than 45 days
6
after the end of each fiscal quarter on all Level 1 and
7
Level 2 acquisition programs on the Master Acquisition
8
Oversight List between Acquisition Decision Event and
9
Full Operational Capability, including programs that have
10
been removed from such list during the preceding quarter.
11
(b) For each such program, the briefing described in
12
subsection (a) shall include—
13
(1) a description of the purpose of the program,
14
including the capabilities being acquired and the
15
component(s) sponsoring the acquisition;
16
(2) the total number of units, as appropriate, to
17
be acquired annually until procurement is complete
18
under the current acquisition program baseline;
19
(3) the Acquisition Review Board status, in-
20
cluding—
21
(A) the current acquisition phase by incre-
22
ment, as applicable;
23
(B) the date of the most recent review; and
24
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(C) whether the program has been paused
1
or is in breach status;
2
(4) a comparison between the initial Depart-
3
ment-approved acquisition program baseline cost,
4
schedule, and performance thresholds and objectives
5
and the program’s current such thresholds and ob-
6
jectives, if applicable;
7
(5) the lifecycle cost estimate, adjusted for com-
8
parison to the Future Years Homeland Security
9
Program, including—
10
(A) the confidence level for the estimate;
11
(B) the fiscal years included in the esti-
12
mate;
13
(C) a breakout of the estimate for the
14
prior five years, the current year, and the budg-
15
et year;
16
(D) a breakout of the estimate by appro-
17
priation account or other funding source; and
18
(E) a description of and rationale for any
19
changes to the estimate as compared to the pre-
20
viously approved baseline, as applicable, and
21
during the prior fiscal year;
22
(6) a summary of the findings of any inde-
23
pendent verification and validation of the items to be
24
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•HR 4213 RH
acquired or an explanation for why no such
1
verification and validation has been performed;
2
(7) a table displaying the obligation of all pro-
3
gram funds by prior fiscal year, the estimated obli-
4
gation of funds for the current fiscal year, and an
5
estimate for the planned carryover of funds into the
6
subsequent fiscal year;
7
(8) a listing of prime contractors and major
8
subcontractors; and
9
(9) narrative descriptions of risks to cost,
10
schedule, or performance that could result in a pro-
11
gram breach if not successfully mitigated.
12
(c) The Under Secretary for Management shall sub-
13
mit each approved Acquisition Decision Memorandum for
14
programs described in this section to the Committees on
15
Appropriations of the House of Representatives and the
16
Senate not later than five business days after the date of
17
approval of such memorandum by the Under Secretary for
18
Management or the designee of the Under Secretary for
19
Management.
20
SEC. 106. (a) None of the funds made available to
21
the Department of Homeland Security in this Act or prior
22
appropriations Acts may be obligated for any new pilot
23
or demonstration unless the component or office carrying
24
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•HR 4213 RH
out such pilot or demonstration has documented the infor-
1
mation described in subsection (c).
2
(b) Prior to the obligation of any such funds made
3
available for ‘‘Operations and Support’’ for a new pilot
4
or demonstration, the Under Secretary for Management
5
shall provide a report to the Committees on Appropria-
6
tions of the House of Representatives and the Senate on
7
the information described in subsection (c).
8
(c) The information required under subsections (a)
9
and (b) for a pilot or demonstration shall include the fol-
10
lowing—
11
(1) documented objectives that are well-defined
12
and measurable;
13
(2) an assessment methodology that details—
14
(A) the type and source of assessment
15
data;
16
(B) the methods for, and frequency of, col-
17
lecting such data; and
18
(C) how such data will be analyzed; and
19
(3) an implementation plan, including mile-
20
stones, cost estimates, and implementation sched-
21
ules, including a projected end date.
22
(d) Not later than 90 days after the date of comple-
23
tion of a pilot or demonstration described in subsection
24
(e), the Under Secretary for Management shall provide a
25
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report to the Committees on Appropriations of the House
1
of Representatives and the Senate detailing lessons
2
learned, actual costs, any planned expansion or continu-
3
ation of the pilot or demonstration, and any planned tran-
4
sition of such pilot or demonstration into an enduring pro-
5
gram or operation.
6
(e) For the purposes of this section, a pilot or dem-
7
onstration program is a study, demonstration, experi-
8
mental program, or trial that—
9
(1) is a small-scale, short-term experiment con-
10
ducted in order to evaluate feasibility, duration,
11
costs, or adverse events, and improve upon the de-
12
sign of an effort prior to implementation of a larger
13
scale effort; and
14
(2) uses more than 10 full-time equivalents or
15
obligates, or proposes to obligate, $5,000,000 or
16
more, but does not include congressionally directed
17
programs or enhancements and does not include pro-
18
grams that were in operation as of the date of the
19
enactment of this Act.
20
(f) For the purposes of this section, a pilot or dem-
21
onstration does not include any testing, evaluation, or ini-
22
tial deployment phase executed under a procurement con-
23
tract for the acquisition of information technology services
24
or systems, or any pilot or demonstration carried out by
25
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•HR 4213 RH
a non-Federal recipient under any financial assistance
1
agreement funded by the Department.
2
SEC. 107. None of the funds appropriated or other-
3
wise made available by this Act may be used by the Office
4
of Intelligence and Analysis of the Department of Home-
5
land Security to conduct a covered activity (as defined by
6
section 6303 of the Intelligence Authorization Act for Fis-
7
cal Year 2025 (division F of Public Law 118–159)).
8
TITLE II
9
SECURITY, ENFORCEMENT, AND
10
INVESTIGATIONS
11
U.S. CUSTOMS AND BORDER PROTECTION
12
OPERATIONS AND SUPPORT
13
(INCLUDING TRANSFER OF FUNDS)
14
For necessary expenses of U.S. Customs and Border
15
Protection for operations and support, including the trans-
16
portation of unaccompanied alien minors; the provision of
17
air and marine support to Federal, State, local, and inter-
18
national agencies in the enforcement or administration of
19
laws enforced by the Department of Homeland Security;
20
at the discretion of the Secretary of Homeland Security,
21
the provision of such support to Federal, State, and local
22
agencies in other law enforcement and emergency humani-
23
tarian efforts; the purchase and lease of up to 7,500
24
(6,500 for replacement only) police-type vehicles; the pur-
25
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•HR 4213 RH
chase, maintenance, or operation of marine vessels, air-
1
craft, and unmanned aerial systems; and contracting with
2
individuals for personal services abroad; $18,088,596,000;
3
of which $3,274,000 shall be derived from the Harbor
4
Maintenance Trust Fund for administrative expenses re-
5
lated to the collection of the Harbor Maintenance Fee pur-
6
suant to section 9505(c)(3) of the Internal Revenue Code
7
of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec-
8
tion 1511(e)(1) of the Homeland Security Act of 2002 (6
9
U.S.C. 551(e)(1)); of which $550,000,000 shall be avail-
10
able until September 30, 2027; and of which such sums
11
as become available in the Customs User Fee Account, ex-
12
cept sums subject to section 13031(f)(3) of the Consoli-
13
dated Omnibus Budget Reconciliation Act of 1985 (19
14
U.S.C. 58c(f)(3)), shall be derived from that account: Pro-
15
vided, That not to exceed $34,425 shall be for official re-
16
ception and representation expenses: Provided further,
17
That not to exceed $150,000 shall be available for pay-
18
ment for rental space in connection with preclearance op-
19
erations: Provided further, That not to exceed $2,000,000
20
shall be for awards of compensation to informants, to be
21
accounted for solely under the certificate of the Secretary
22
of Homeland Security: Provided further, That not to ex-
23
ceed $2,500,000 may be transferred to the Bureau of In-
24
dian Affairs for the maintenance and repair of roads on
25
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Native American reservations used by the U.S. Border Pa-
1
trol.
2
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
3
For necessary expenses of U.S. Customs and Border
4
Protection for procurement, construction, and improve-
5
ments, including procurement of marine vessels, aircraft,
6
and unmanned aerial systems, $898,118,000, to remain
7
available until September 30, 2028.
8
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
9
OPERATIONS AND SUPPORT
10
For necessary expenses of U.S. Immigration and
11
Customs Enforcement for operations and support, includ-
12
ing the purchase and lease of up to 3,790 (2,350 for re-
13
placement only) police-type vehicles; overseas vetted units;
14
and maintenance, minor construction, and minor leasehold
15
improvements
at
owned
and
leased
facilities;
16
$10,967,045,000, of which not less than $6,000,000 shall
17
remain available until expended for efforts to enforce laws
18
against forced child labor; of which $46,696,000 shall re-
19
main available until September 30, 2027; of which not less
20
than $2,000,000 is for paid apprenticeships for partici-
21
pants in the Human Exploitation Rescue Operative Child-
22
Rescue Corps; of which not less than $15,000,000 shall
23
be available for investigation of intellectual property rights
24
violations, including operation of the National Intellectual
25
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•HR 4213 RH
Property Rights Coordination Center; and of which
1
$6,402,677,000 shall be for enforcement, detention, and
2
removal operations, including transportation of unaccom-
3
panied alien minors: Provided, That not to exceed $11,475
4
shall be for official reception and representation expenses:
5
Provided further, That not to exceed $15,000,000 shall be
6
available until expended for conducting special operations
7
under section 3131 of the Customs Enforcement Act of
8
1986 (19 U.S.C. 2081): Provided further, That not to ex-
9
ceed $4,000,000 shall be for awards of compensation to
10
informants, to be accounted for solely under the certificate
11
of the Secretary of Homeland Security: Provided further,
12
That not to exceed $11,216,000 shall be available to fund
13
or reimburse other Federal agencies for the costs associ-
14
ated with the care, maintenance, and repatriation of
15
smuggled aliens unlawfully present in the United States.
16
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
17
For necessary expenses of U.S. Immigration and
18
Customs Enforcement for procurement, construction, and
19
improvements, $35,000,000, of which $20,000,000 shall
20
remain available until September 30, 2028, and of which
21
$15,000,000 shall remain available until September 30,
22
2030.
23
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TRANSPORTATION SECURITY ADMINISTRATION
1
OPERATIONS AND SUPPORT
2
For necessary expenses of the Transportation Secu-
3
rity
Administration
for
operations
and
support,
4
$10,378,063,000, of which $300,000,000 shall remain
5
available until September 30, 2027: Provided, That not
6
to exceed $7,650 shall be for official reception and rep-
7
resentation expenses: Provided further, That security serv-
8
ice fees authorized under section 44940 of title 49, United
9
States Code, shall be credited to this appropriation as off-
10
setting collections and shall be available only for aviation
11
security: Provided further, That the sum appropriated
12
under this heading from the general fund shall be reduced
13
on a dollar-for-dollar basis as such offsetting collections
14
are received during fiscal year 2026 so as to result in a
15
final fiscal year appropriation from the general fund esti-
16
mated at not more than $7,348,063,000.
17
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
18
For necessary expenses of the Transportation Secu-
19
rity Administration for procurement, construction, and
20
improvements, $258,230,000, to remain available until
21
September 30, 2028.
22
RESEARCH AND DEVELOPMENT
23
For necessary expenses of the Transportation Secu-
24
rity Administration for research and development,
25
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$14,641,000, to remain available until September 30,
1
2027.
2
COAST GUARD
3
OPERATIONS AND SUPPORT
4
For necessary expenses of the Coast Guard for oper-
5
ations and support including the Coast Guard Reserve;
6
purchase or lease of not to exceed 25 passenger motor ve-
7
hicles, which shall be for replacement only; purchase or
8
lease of small boats for contingent and emergent require-
9
ments (at a unit cost of not more than $700,000) and
10
repairs and service-life replacements, not to exceed a total
11
of $31,000,000; purchase, lease, or improvements of boats
12
necessary for overseas deployments and activities; pay-
13
ments pursuant to section 156 of Public Law 97–377 (42
14
U.S.C. 402 note; 96 Stat. 1920); and recreation and wel-
15
fare; $10,802,656,000, of which $530,000,000 shall be for
16
defense-related activities; of which $24,500,000 shall be
17
derived from the Oil Spill Liability Trust Fund to carry
18
out the purposes of section 1012(a)(5) of the Oil Pollution
19
Act of 1990 (33 U.S.C. 2712(a)(5)); of which
20
$20,000,000 shall remain available until September 30,
21
2028; of which $24,359,000 shall remain available until
22
September 30, 2030, for environmental compliance and
23
restoration; and of which $400,000,000 shall remain avail-
24
able until September 30, 2027, which shall only be avail-
25
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able for depot level maintenance: Provided, That not to
1
exceed $23,000 shall be for official reception and represen-
2
tation expenses.
3
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
4
For necessary expenses of the Coast Guard for pro-
5
curement, construction, and improvements, including aids
6
to navigation, shore facilities (including facilities at De-
7
partment of Defense installations used by the Coast
8
Guard), and vessels and aircraft, including equipment re-
9
lated thereto, $2,026,790,000, to remain available until
10
September 30, 2030; of which $20,000,000 shall be de-
11
rived from the Oil Spill Liability Trust Fund to carry out
12
the purposes of section 1012(a)(5) of the Oil Pollution Act
13
of 1990 (33 U.S.C. 2712(a)(5)).
14
RESEARCH AND DEVELOPMENT
15
For necessary expenses of the Coast Guard for re-
16
search and development; and for maintenance, rehabilita-
17
tion, lease, and operation of facilities and equipment;
18
$7,476,000, to remain available until September 30, 2028,
19
of which $500,000 shall be derived from the Oil Spill Li-
20
ability Trust Fund to carry out the purposes of section
21
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
22
2712(a)(5)): Provided, That there may be credited to and
23
used for the purposes of this appropriation funds received
24
from State and local governments, other public authori-
25
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•HR 4213 RH
ties, private sources, and foreign countries for expenses
1
incurred for research, development, testing, and evalua-
2
tion.
3
RETIRED PAY
4
For retired pay, including the payment of obligations
5
otherwise chargeable to lapsed appropriations for this pur-
6
pose, payments under the Retired Serviceman’s Family
7
Protection and Survivor Benefits Plans, payment for ca-
8
reer status bonuses, payment of continuation pay under
9
section 356 of title 37, United States Code, concurrent
10
receipts, combat-related special compensation, and pay-
11
ments for medical care of retired personnel and their de-
12
pendents under chapter 55 of title 10, United States Code,
13
$1,249,000,000, to remain available until expended.
14
UNITED STATES SECRET SERVICE
15
OPERATIONS AND SUPPORT
16
For necessary expenses of the United States Secret
17
Service for operations and support, including purchase of
18
not to exceed 652 vehicles for police-type use; hire of pas-
19
senger motor vehicles; purchase of motorcycles made in
20
the United States; hire of aircraft; rental of buildings in
21
the District of Columbia; fencing, lighting, guard booths,
22
and other facilities on private or other property not in
23
Government ownership or control, as may be necessary to
24
perform protective functions; conduct of and participation
25
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•HR 4213 RH
in firearms matches; presentation of awards; conduct of
1
behavioral research in support of protective intelligence
2
and operations; payment in advance for commercial ac-
3
commodations as may be necessary to perform protective
4
functions; and payment, without regard to section 5702
5
of title 5, United States Code, of subsistence expenses of
6
employees who are on protective missions, whether at or
7
away from their duty stations; $3,103,191,000; of which
8
$111,299,000 shall remain available until September 30,
9
2027, and of which $6,000,000 shall be for a grant for
10
activities related to investigations of missing and exploited
11
children; and of which up to $35,000,000 may be for cal-
12
endar year 2025 premium pay in excess of the annual
13
equivalent of the limitation on the rate of pay contained
14
in section 5547(a) of title 5, United States Code, pursuant
15
to section 2 of the Overtime Pay for Protective Services
16
Act of 2016 (5 U.S.C. 5547 note), as last amended by
17
Public Law 118–38: Provided, That not to exceed $19,125
18
shall be for official reception and representation expenses:
19
Provided further, That not to exceed $100,000 shall be to
20
provide technical assistance and equipment to foreign law
21
enforcement organizations in criminal investigations with-
22
in the jurisdiction of the United States Secret Service.
23
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•HR 4213 RH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
1
For necessary expenses of the United States Secret
2
Service for procurement, construction, and improvements,
3
$126,290,000, of which $51,290,000 shall remain avail-
4
able until September 30, 2028, and of which $75,000,000
5
shall remain available until September 30, 2030.
6
RESEARCH AND DEVELOPMENT
7
For necessary expenses of the United States Secret
8
Service for research and development, $3,250,000, to re-
9
main available until September 30, 2027.
10
ADMINISTRATIVE PROVISIONS
11
SEC. 201. Section 201 of the Department of Home-
12
land Security Appropriations Act, 2018 (division F of
13
Public Law 115–141), related to overtime compensation
14
limitations, shall apply with respect to funds made avail-
15
able in this Act in the same manner as such section ap-
16
plied to funds made available in that Act, except that ‘‘fis-
17
cal year 2026’’ shall be substituted for ‘‘fiscal year 2018’’.
18
SEC. 202. Funding made available under the head-
19
ings ‘‘U.S. Customs and Border Protection—Operations
20
and Support’’ and ‘‘U.S. Customs and Border Protec-
21
tion—Procurement, Construction, and Improvements’’
22
shall be available for customs expenses when necessary to
23
maintain operations and prevent adverse personnel actions
24
in Puerto Rico and the U.S. Virgin Islands, in addition
25
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•HR 4213 RH
to funding provided by sections 740 and 1406i of title 48,
1
United States Code.
2
SEC. 203. As authorized by section 601(b) of the
3
United States-Colombia Trade Promotion Agreement Im-
4
plementation Act (Public Law 112–42), fees collected
5
from passengers arriving from Canada, Mexico, or an ad-
6
jacent island pursuant to section 13031(a)(5) of the Con-
7
solidated Omnibus Budget Reconciliation Act of 1985 (19
8
U.S.C. 58c(a)(5)) shall be available until expended.
9
SEC. 204. (a) For an additional amount for ‘‘U.S.
10
Customs and Border Protection—Operations and Sup-
11
port’’, $31,000,000, to remain available until expended,
12
to be reduced by amounts collected and credited to this
13
appropriation in fiscal year 2026 from amounts authorized
14
to be collected by section 286(i) of the Immigration and
15
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the
16
Farm Security and Rural Investment Act of 2002 (7
17
U.S.C. 8311), and section 817 of the Trade Facilitation
18
and Trade Enforcement Act of 2015 (Public Law 114–
19
125), or other such authorizing language.
20
(b) To the extent that amounts realized from such
21
collections exceed $31,000,000, those amounts in excess
22
of $31,000,000 shall be credited to this appropriation, to
23
remain available until expended.
24
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•HR 4213 RH
SEC. 205. None of the funds made available in this
1
Act for U.S. Customs and Border Protection may be used
2
to prevent an individual not in the business of importing
3
a prescription drug (within the meaning of section 801(g)
4
of the Federal Food, Drug, and Cosmetic Act) from im-
5
porting a prescription drug from Canada that complies
6
with the Federal Food, Drug, and Cosmetic Act: Provided,
7
That this section shall apply only to individuals trans-
8
porting on their person a personal-use quantity of the pre-
9
scription drug, not to exceed a 90-day supply: Provided
10
further, That the prescription drug may not be—
11
(1) a controlled substance, as defined in section
12
102 of the Controlled Substances Act (21 U.S.C.
13
802); or
14
(2) a biological product, as defined in section
15
351 of the Public Health Service Act (42 U.S.C.
16
262).
17
SEC. 206. (a) Notwithstanding any other provision
18
of law, none of the funds provided in this or any other
19
Act shall be used to approve a waiver of the navigation
20
and vessel-inspection laws pursuant to section 501(b) of
21
title 46, United States Code, for the transportation of
22
crude oil distributed from and to the Strategic Petroleum
23
Reserve until the Secretary of Homeland Security, after
24
consultation with the Secretaries of the Departments of
25
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•HR 4213 RH
Energy and Transportation and representatives from the
1
United States flag maritime industry, takes adequate
2
measures to ensure the use of United States flag vessels.
3
(b) The Secretary shall notify the Committees on Ap-
4
propriations of the House of Representatives and the Sen-
5
ate, the Committee on Transportation and Infrastructure
6
of the House of Representatives, and the Committee on
7
Commerce, Science, and Transportation of the Senate
8
within 2 business days of any request for waivers of navi-
9
gation and vessel-inspection laws pursuant to section
10
501(b) of title 46, United States Code, with respect to
11
such transportation, and the disposition of such requests.
12
SEC. 207. (a) Beginning on the date of enactment
13
of this Act, the Secretary of Homeland Security shall
14
not—
15
(1) establish, collect, or otherwise impose any
16
new border crossing fee on individuals crossing the
17
Southern border or the Northern border at a land
18
port of entry; or
19
(2) conduct any study relating to the imposition
20
of a border crossing fee.
21
(b) In this section, the term ‘‘border crossing fee’’
22
means a fee that every pedestrian, cyclist, and driver and
23
passenger of a private motor vehicle is required to pay
24
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•HR 4213 RH
for the privilege of crossing the Southern border or the
1
Northern border at a land port of entry.
2
SEC. 208. (a) Not later than 90 days after the date
3
of enactment of this Act, the Commissioner of U.S. Cus-
4
toms and Border Protection shall submit an expenditure
5
plan for any amounts made available for ‘‘U.S. Customs
6
and Border Protection—Procurement, Construction, and
7
Improvements’’ in this Act and prior Acts to the Commit-
8
tees on Appropriations of the House of Representatives
9
and the Senate.
10
(b) No such amounts provided in this Act may be
11
obligated prior to the submission of such plan.
12
SEC. 209. Section 211 of the Department of Home-
13
land Security Appropriations Act, 2021 (division F of
14
Public Law 116–260), prohibiting the use of funds for the
15
construction of fencing in certain areas, shall apply with
16
respect to funds made available in this Act in the same
17
manner as such section applied to funds made available
18
in that Act.
19
SEC. 210. (a) Funds made available in this Act may
20
be used to alter operations within the National Targeting
21
Center of U.S. Customs and Border Protection.
22
(b) None of the funds provided by this Act, provided
23
by previous appropriations Acts that remain available for
24
obligation or expenditure in fiscal year 2026, or provided
25
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•HR 4213 RH
from any accounts in the Treasury of the United States
1
derived by the collection of fees available to the compo-
2
nents funded by this Act, may be used to reduce antici-
3
pated or planned vetting operations at existing locations
4
unless specifically authorized by a statute enacted after
5
the date of enactment of this Act.
6
SEC. 211. Of the total amount made available under
7
‘‘U.S. Customs and Border Protection—Procurement,
8
Construction, and Improvements’’, $898,118,000 shall be
9
available only as follows:
10
(1) $346,000,000 for the acquisition and de-
11
ployment of border security technologies;
12
(2) $300,000,000 for trade and travel assets
13
and infrastructure;
14
(3) $182,400,000 for integrated operations as-
15
sets and infrastructure;
16
(4) $32,000,000 for mission support and infra-
17
structure; and
18
(5) $37,718,000 for radiological detection sys-
19
tems.
20
SEC. 212. None of the funds appropriated or other-
21
wise made available by this Act may be made available
22
to admit an alien into the United States at a port of entry
23
on an F or M visa if the college, university, or other insti-
24
tution of higher learning that the student will attend is
25
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•HR 4213 RH
not accredited by a nationally recognized accrediting agen-
1
cy or association recognized by the Secretary of Education
2
pursuant to part H of title IV of the Higher Education
3
Act of 1965 (20 U.S.C. 1099a et seq.).
4
SEC. 213. None of the funds appropriated or other-
5
wise made available by this Act may be made available
6
to parole into the Commonwealth of the Northern Mariana
7
Islands, for the purpose of temporary visit for business
8
or pleasure without a visa, an alien who is a national of
9
the People’s Republic of China.
10
SEC. 214. (a) None of the funds appropriated or oth-
11
erwise made available by this Act may be used by U.S.
12
Customs and Border Protection to admit into the United
13
States any aerosol-dispensing unmanned aircraft system
14
produced or manufactured in a foreign adversary country.
15
(b) The term ‘‘foreign adversary country’’ means a
16
country specified in section 4872(d)(2) of title 10, United
17
States Code.
18
SEC. 215. None of the funds appropriated or other-
19
wise made available by this Act may be made available
20
to reduce participation in or substantively diminish the
21
delegation of law enforcement authority authorized under
22
section 287(g) of the Immigration and Nationality Act (8
23
U.S.C. 1357(g)), except as provided in section 216 of this
24
Act.
25
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•HR 4213 RH
SEC. 216. None of the funds provided under the
1
heading ‘‘U.S. Immigration and Customs Enforcement—
2
Operations and Support’’ may be used to continue a dele-
3
gation of law enforcement authority authorized under sec-
4
tion 287(g) of the Immigration and Nationality Act (8
5
U.S.C. 1357(g)) if the Department of Homeland Security
6
Inspector General determines that the terms of the agree-
7
ment governing the delegation of authority have been ma-
8
terially violated.
9
SEC. 217. (a) None of the funds provided under the
10
heading ‘‘U.S. Immigration and Customs Enforcement—
11
Operations and Support’’ may be used to continue any
12
contract for the provision of detention services if the two
13
most recent overall performance evaluations received by
14
the contracted facility are less than ‘‘adequate’’ or the
15
equivalent median score in any subsequent performance
16
evaluation system.
17
(b) The performance evaluations referenced in sub-
18
section (a) shall be conducted by the U.S. Immigration
19
and Customs Enforcement Office of Professional Respon-
20
sibility.
21
SEC. 218. Without regard to the limitation as to time
22
and condition of section 503(d) of this Act, the Secretary
23
may reprogram within and transfer funds to ‘‘U.S. Immi-
24
gration and Customs Enforcement—Operations and Sup-
25
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•HR 4213 RH
port’’ as necessary to ensure the detention of aliens
1
prioritized for removal.
2
SEC. 219. The reports required to be submitted under
3
section 216 of the Department of Homeland Security Ap-
4
propriations Act, 2021 (division F of Public Law 116–
5
260) shall continue to be submitted semimonthly and each
6
matter required to be included in such reports by such
7
section 216 shall apply in the same manner and to the
8
same extent during the period described in such section
9
216.
10
SEC. 220. The terms and conditions of section 217
11
of the Department of Homeland Security Appropriations
12
Act, 2020 (division D of Public Law 116–93) shall apply
13
to this Act.
14
SEC. 221. (a) None of the funds appropriated or oth-
15
erwise made available by this Act may be made available
16
to transport aliens unlawfully present in, paroled into, or
17
inadmissible to the United States into the interior of the
18
United States for purposes other than enforcement of the
19
immigration laws (as such term is defined in section 101
20
of the Immigration and Nationality Act (8 U.S.C. 1101)).
21
(b) The limitation under subsection (a) shall not
22
apply with respect to amounts made available to transport
23
unaccompanied alien children (as such term is defined in
24
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•HR 4213 RH
section 462 of the Homeland Security Act of 2002 (6
1
U.S.C. 279)).
2
SEC. 222. (a) None of the funds appropriated or oth-
3
erwise made available by this Act for ‘‘U.S. Immigration
4
and Customs Enforcement’’ may be used to pay for or
5
facilitate an abortion, except where the life of the mother
6
would be endangered if the fetus would be carried to term,
7
or in the case of rape or incest.
8
(b) None of the funds appropriated or otherwise
9
made available by this Act for ‘‘U.S. Immigration and
10
Customs Enforcement’’ may be used to require any person
11
to perform, or facilitate in any way the performance of,
12
any abortion.
13
SEC. 223. None of the funds appropriated or other-
14
wise made available by this Act may be made available
15
to administer hormone therapy medication or perform or
16
facilitate any surgery for any person in custody of U.S.
17
Immigration and Customs Enforcement for the purpose
18
of gender-affirming care.
19
SEC. 224. The Secretary of Homeland Security shall
20
allocate amounts appropriated or otherwise made available
21
under the heading ‘‘U.S. Immigration and Customs En-
22
forcement—Operations and Support’’ by this Act in order
23
to—
24
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•HR 4213 RH
(1) prioritize resources to apprehend, detain,
1
and remove aliens who—
2
(a) are linked to terrorist organizations or
3
terrorist-related activities, or otherwise pose a
4
danger to national security;
5
(b) possess a criminal history, with a par-
6
ticular emphasis on violent criminals, felons,
7
and repeat offenders;
8
(c) have ties to organized criminal organi-
9
zations; or
10
(d) otherwise constitute a threat to public
11
safety;
12
(2) prioritize detention by using such amounts
13
to ensure that the average daily population of de-
14
tainees is maintained at the full capacity at all de-
15
tention facilities funded by this Act throughout the
16
fiscal year; and
17
(3) ensure that every alien on the non-detained
18
docket is enrolled into the Alternatives to Detention
19
Program with mandatory GPS monitoring through-
20
out the duration of all applicable immigration pro-
21
ceedings (including any appeals) and until removal,
22
if ordered removed.
23
SEC. 225. Not later than 45 days after the date of
24
enactment of this Act, the Chief Financial Officer of U.S.
25
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•HR 4213 RH
Immigration and Customs Enforcement shall submit to
1
the Committees on Appropriations of the House of Rep-
2
resentatives and the Senate an obligation plan for
3
amounts made available in this Act for ‘‘U.S. Immigration
4
and Customs Enforcement’’, delineated by level II pro-
5
gram, project, and activity.
6
SEC. 226. None of the funds provided under the
7
heading ‘‘U.S. Immigration and Customs Enforcement—
8
Operations and Support’’ may be made available to de-
9
velop or administer a physical identification card for pur-
10
poses of alien identification, verification of immigration
11
status, or immigration portal access.
12
SEC. 227. No law of any State or political subdivision
13
thereof pertaining to a minimum rate of compensation or
14
any other condition of employment shall apply in the case
15
of any person held in Federal custody pursuant to the im-
16
migration laws (as such term is defined in section 101 of
17
the Immigration and Nationality Act (8 U.S.C. 1101)).
18
SEC. 228. (a) None of the funds appropriated or oth-
19
erwise made available by this Act or any other Act shall
20
be used to execute an inspection of a detention facility that
21
is in a contractual agreement with U.S. Immigration and
22
Customs Enforcement for the provision of detention serv-
23
ices and that is subject to the terms, conditions, and
24
standards found within the National Detention Standards
25
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•HR 4213 RH
for Non-Dedicated Facilities, as revised in 2019 for U.S.
1
Immigration and Customs Enforcement, except solely for
2
compliance with the terms, conditions, and standards
3
found within the National Detention Standards for Non-
4
Dedicated Facilities, as revised in 2019.
5
(b) Executions of inspections described in subsection
6
(a) shall not occur within six months of a previous inspec-
7
tion of such facility, except with respect to inspections exe-
8
cuted by the Office of Inspector General.
9
SEC. 229. (a) None of the funds made available by
10
this Act or any other Act may be used to reduce the pres-
11
ence of U.S. Immigration and Customs Enforcement at-
12
taches or liaisons at international U.S. embassies or con-
13
sulates for the purposes of international investigations or
14
partnerships with foreign law enforcement.
15
(b) Subsection (a) shall not apply to a reduction of
16
presence in a specific country if—
17
(1) the Secretary of Homeland Security, in col-
18
laboration with the Secretary of State, provides a
19
written explanation of how maintaining a collabo-
20
rative investigatory presence in a specific country
21
undermines U.S. foreign policy interests in that
22
country to the Committees on Appropriations of the
23
House of Representatives and the Senate; or
24
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•HR 4213 RH
(2) a country requests the cessation of collabo-
1
rative law enforcement activities performed by the
2
attache or liaison stationed at the embassy or con-
3
sulate to their country.
4
SEC. 230. (a) Members of the United States House
5
of Representatives and the United States Senate, includ-
6
ing the leadership; the heads of Federal agencies and com-
7
missions, including the Secretary, Deputy Secretary,
8
Under Secretaries, and Assistant Secretaries of the De-
9
partment of Homeland Security; the United States Attor-
10
ney General, Deputy Attorney General, Assistant Attor-
11
neys General, and the United States Attorneys; and senior
12
members of the Executive Office of the President, includ-
13
ing the Director of the Office of Management and Budget,
14
shall not be exempt from Federal passenger and baggage
15
screening.
16
(b) None of the funds made available in this or any
17
other Act, including prior Acts, or provided from any ac-
18
counts in the Treasury of the United States derived by
19
the collection of fees available to the components funded
20
by this Act may be used to carry out legislation altering
21
the applicability of the screening requirements outlined in
22
subsection (a).
23
SEC. 231. Notwithstanding section 44923 of title 49,
24
United States Code, for fiscal year 2026, any funds in
25
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•HR 4213 RH
the Aviation Security Capital Fund established by section
1
44923(h) of title 49, United States Code, may be used
2
for the procurement and installation of explosives detec-
3
tion systems or for the issuance of other transaction agree-
4
ments for the purpose of funding projects described in sec-
5
tion 44923(a) of such title.
6
SEC. 232. Not later than 45 days after the submis-
7
sion of the President’s budget proposal, the Administrator
8
of the Transportation Security Administration shall sub-
9
mit to the Committees on Appropriations and Homeland
10
Security of the House of Representatives and the Commit-
11
tees on Appropriations and Commerce, Science, and
12
Transportation of the Senate a single report that fulfills
13
the following requirements:
14
(1) a Capital Investment Plan, both constrained
15
and unconstrained, that includes a plan for contin-
16
uous and sustained capital investment in new, and
17
the replacement of aged, transportation security
18
equipment;
19
(2) the 5-year technology investment plan as re-
20
quired by section 1611 of title XVI of the Homeland
21
Security Act of 2002, as amended by section 3 of
22
the Transportation Security Acquisition Reform Act
23
(Public Law 113–245); and
24
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•HR 4213 RH
(3) the Advanced Integrated Passenger Screen-
1
ing Technologies report as required by the Senate
2
Report accompanying the Department of Homeland
3
Security Appropriations Act, 2019 (Senate Report
4
115–283).
5
SEC. 233. Section 515(b) of Public Law 108–334 (49
6
U.S.C. 44945 note) is amended by striking ‘‘report’’ each
7
place it appears (including in the subsection heading) and
8
inserting ‘‘briefing’’.
9
SEC. 234. (a) None of the funds made available by
10
this Act under the heading ‘‘Coast Guard—Operations
11
and Support’’ shall be for expenses incurred for rec-
12
reational vessels under section 12114 of title 46, United
13
States Code, except to the extent fees are collected from
14
owners of yachts and credited to the appropriation made
15
available by this Act under the heading ‘‘Coast Guard—
16
Operations and Support’’.
17
(b) To the extent such fees are insufficient to pay
18
expenses of recreational vessel documentation under such
19
section 12114, and there is a backlog of recreational vessel
20
applications, personnel performing non-recreational vessel
21
documentation functions under subchapter II of chapter
22
121 of title 46, United States Code, may perform docu-
23
mentation under section 12114.
24
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•HR 4213 RH
SEC. 235. Notwithstanding any other provision of
1
law, the Commandant of the Coast Guard shall submit
2
to the Committees on Appropriations of the House of Rep-
3
resentatives and the Senate a future-years capital invest-
4
ment plan as described in the second proviso under the
5
heading ‘‘Coast Guard—Acquisition, Construction, and
6
Improvements’’ in the Department of Homeland Security
7
Appropriations Act, 2015 (Public Law 114–4), which shall
8
be subject to the requirements in the third and fourth pro-
9
visos under such heading.
10
SEC. 236. Amounts deposited into the Coast Guard
11
Housing Fund in fiscal year 2026 shall be available until
12
expended to carry out the purposes of section 2946 of title
13
14, United States Code, and shall be in addition to funds
14
otherwise available for such purposes.
15
SEC. 237. None of the funds made available by this
16
Act may be used by the United States Coast Guard to
17
enforce vessel speed restrictions with respect to the North
18
Atlantic right whale or the Rice’s whale that was not in
19
place prior to January 20, 2021.
20
SEC. 238. The United States Secret Service is au-
21
thorized to obligate funds in anticipation of reimburse-
22
ments from executive agencies, as defined in section 105
23
of title 5, United States Code, for personnel receiving
24
training sponsored by the James J. Rowley Training Cen-
25
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•HR 4213 RH
ter, except that total obligations at the end of the fiscal
1
year shall not exceed total budgetary resources available
2
under the heading ‘‘United States Secret Service—Oper-
3
ations and Support’’ at the end of the fiscal year.
4
SEC. 239. (a) None of the funds made available to
5
the United States Secret Service by this Act or by previous
6
appropriations Acts may be made available for the protec-
7
tion of the head of a Federal agency other than the Sec-
8
retary of Homeland Security.
9
(b) The Director of the United States Secret Service
10
may enter into agreements to provide such protection on
11
a fully reimbursable basis.
12
SEC. 240. For purposes of section 503(a)(3) of this
13
Act, up to $15,000,000 may be reprogrammed within
14
‘‘United States Secret Service—Operations and Support’’.
15
SEC. 241. Funding made available in this Act for
16
‘‘United States Secret Service—Operations and Support’’
17
is available for travel of United States Secret Service em-
18
ployees on protective missions without regard to the limi-
19
tations on such expenditures in this or any other Act if
20
the Director of the United States Secret Service or a des-
21
ignee notifies the Committees on Appropriations of the
22
House of Representatives and the Senate 10 or more days
23
in advance, or as early as practicable, prior to such ex-
24
penditures.
25
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•HR 4213 RH
SEC. 242. The Secretary shall ensure that the No-
1
vember 30, 2021, policy statement from U.S. Customs and
2
Border Protection titled ‘‘Policy Statement and Required
3
Actions Regarding Pregnant, Postpartum, Nursing Indi-
4
viduals, and Infants in Custody,’’ or substantively similar
5
standards of treatment developed in consultation with ma-
6
ternal and pediatric health providers and experts, are in
7
effect and are fully implemented to safeguard the health,
8
safety, and rights of pregnant individuals in U.S. Customs
9
and Border Protection custody.
10
SEC. 243. None of the funds appropriated or other-
11
wise made available by this Act to U.S. Immigration and
12
Customs Enforcement may be used, in carrying out any
13
civil immigration enforcement activities under the immi-
14
gration laws (as such term is defined in section 101 of
15
the Immigration and Nationality Act (8 U.S.C. 1101)),
16
to—
17
(1) detain a citizen of the United States; or
18
(2) deport a citizen of the United States from
19
the United States.
20
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•HR 4213 RH
TITLE III
1
PROTECTION, PREPAREDNESS, RESPONSE, AND
2
RECOVERY
3
CYBERSECURITY AND INFRASTRUCTURE SECURITY
4
AGENCY
5
OPERATIONS AND SUPPORT
6
For necessary expenses of the Cybersecurity and In-
7
frastructure Security Agency for operations and support,
8
$2,237,159,000, of which $24,424,000 shall remain avail-
9
able until September 30, 2027: Provided, That not to ex-
10
ceed $3,825 shall be for official reception and representa-
11
tion expenses.
12
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
13
For necessary expenses of the Cybersecurity and In-
14
frastructure Security Agency for procurement, construc-
15
tion, and improvements, $501,047,000, to remain avail-
16
able until September 30, 2028.
17
FEDERAL EMERGENCY MANAGEMENT AGENCY
18
OPERATIONS AND SUPPORT
19
For necessary expenses of the Federal Emergency
20
Management
Agency
for
operations
and
support,
21
$1,474,420,000: Provided, That not to exceed $2,250 shall
22
be for official reception and representation expenses.
23
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•HR 4213 RH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
1
For necessary expenses of the Federal Emergency
2
Management Agency for procurement, construction, and
3
improvements, $158,419,000, of which $94,794,000 shall
4
remain available until September 30, 2028, and of which
5
$63,625,000 shall remain available until September 30,
6
2030.
7
FEDERAL ASSISTANCE
8
For activities of the Federal Emergency Management
9
Agency for Federal assistance through grants, contracts,
10
cooperative
agreements,
and
other
activities,
11
$3,756,676,000, which shall be allocated as follows:
12
(1) $520,000,000 for the State Homeland Secu-
13
rity Grant Program under section 2004 of the
14
Homeland Security Act of 2002 (6 U.S.C. 605), of
15
which
$90,000,000
shall
be
for
Operation
16
Stonegarden and $15,000,000 shall be for Tribal
17
Homeland Security Grants under section 2005 of
18
the Homeland Security Act of 2002 (6 U.S.C. 606):
19
Provided, That notwithstanding subsection (c)(4) of
20
such section 2004, for fiscal year 2026, the Com-
21
monwealth of Puerto Rico shall make available to
22
local and Tribal governments amounts provided to
23
the Commonwealth of Puerto Rico under this para-
24
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•HR 4213 RH
graph in accordance with subsection (c)(1) of such
1
section 2004.
2
(2) $615,000,000 for the Urban Area Security
3
Initiative under section 2003 of the Homeland Secu-
4
rity Act of 2002 (6 U.S.C. 604).
5
(3) $335,000,000 for the Nonprofit Security
6
Grant Program under section 2009 of the Homeland
7
Security Act of 2002 (6 U.S.C. 609a), of which
8
$167,500,000 is for eligible recipients located in
9
high-risk urban areas that receive funding under
10
section 2003 of such Act and $167,500,000 is for el-
11
igible recipients that are located outside such areas:
12
Provided, That eligible recipients are those described
13
in section 2009(b) of such Act (6 U.S.C. 609a(b))
14
or are an otherwise eligible recipient at risk of a ter-
15
rorist or other extremist attack.
16
(4) $94,500,000 for Public Transportation Se-
17
curity Assistance, Railroad Security Assistance, and
18
Over-the-Road Bus Security Assistance under sec-
19
tions 1406, 1513, and 1532 of the Implementing
20
Recommendations of the 9/11 Commission Act of
21
2007 (6 U.S.C. 1135, 1163, and 1182), of which
22
$9,000,000 shall be for Amtrak security and
23
$1,000,000 shall be for Over-the-Road Bus Security:
24
Provided, That such public transportation security
25
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•HR 4213 RH
assistance shall be provided directly to public trans-
1
portation agencies.
2
(5) $100,000,000 for Port Security Grants in
3
accordance with section 70107 of title 46, United
4
States Code.
5
(6) $720,000,000, to remain available until
6
September 30, 2027, of which $360,000,000 shall be
7
for
Assistance
to
Firefighter
Grants
and
8
$360,000,000 shall be for Staffing for Adequate
9
Fire and Emergency Response Grants under sec-
10
tions 33 and 34 respectively of the Federal Fire Pre-
11
vention and Control Act of 1974 (15 U.S.C. 2229
12
and 2229a).
13
(7) $355,000,000 for emergency management
14
performance grants under the National Flood Insur-
15
ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-
16
ert T. Stafford Disaster Relief and Emergency As-
17
sistance Act (42 U.S.C. 5121), the Earthquake Haz-
18
ards Reduction Act of 1977 (42 U.S.C. 7701), sec-
19
tion 762 of title 6, United States Code, and Reorga-
20
nization Plan No. 3 of 1978 (5 U.S.C. App.).
21
(8) $312,750,000 for necessary expenses for
22
Flood Hazard Mapping and Risk Analysis, in addi-
23
tion to and to supplement any other sums appro-
24
priated under the National Flood Insurance Fund,
25
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•HR 4213 RH
and such additional sums as may be provided by
1
States or other political subdivisions for cost-shared
2
mapping activities under section 1360(f)(2) of the
3
National Flood Insurance Act of 1968 (42 U.S.C.
4
4101(f)(2)), to remain available until expended.
5
(9) $9,720,000 for Regional Catastrophic Pre-
6
paredness Grants.
7
(10) $105,300,000 for the emergency food and
8
shelter program under title III of the McKinney-
9
Vento Homeless Assistance Act (42 U.S.C. 11331),
10
to remain available until September 30, 2027: Pro-
11
vided, That not to exceed 3.5 percent shall be for
12
total administrative costs.
13
(11) $40,000,000 for the Next Generation
14
Warning System.
15
(12) $170,000,000 for Community Project
16
Funding grants, which shall be for the purposes,
17
and the amounts, specified in the table entitled
18
‘‘Homeland Security—Community Project Funding’’
19
in the report accompanying this Act, of which—
20
(A) $64,899,341, in addition to amounts
21
otherwise made available for such purpose, is
22
for emergency operations center grants under
23
section 614 of the Robert T. Stafford Disaster
24
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44
•HR 4213 RH
Relief and Emergency Assistance Act (42
1
U.S.C. 5196c); and
2
(B) $105,100,659, in addition to amounts
3
otherwise made available for such purpose, is
4
for pre-disaster mitigation grants under section
5
203 of the Robert T. Stafford Disaster Relief
6
and Emergency Assistance Act (42 U.S.C.
7
5133(e), notwithstanding subsections (f), (g),
8
and (l) of that section (42 U.S.C. 5133(f), (g),
9
(l)).
10
(13) $379,406,000 to sustain current oper-
11
ations for training, exercises, technical assistance,
12
and other programs.
13
DISASTER RELIEF FUND
14
For necessary expenses in carrying out the Robert
15
T. Stafford Disaster Relief and Emergency Assistance Act
16
(42 U.S.C. 5121 et seq.), $26,474,000,000, to remain
17
available until expended: Provided, That such amount
18
shall be for major disasters declared pursuant to the Rob-
19
ert T. Stafford Disaster Relief and Emergency Assistance
20
Act (42 U.S.C. 5121 et seq.) and is designated by the
21
Congress as being for disaster relief pursuant to section
22
251(b)(2)(D) of the Balanced Budget and Emergency
23
Deficit Control Act of 1985.
24
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45
•HR 4213 RH
NATIONAL FLOOD INSURANCE FUND
1
For activities under the National Flood Insurance
2
Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
3
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the
4
Biggert-Waters Flood Insurance Reform Act of 2012
5
(Public Law 112–141, 126 Stat. 916), and the Home-
6
owner Flood Insurance Affordability Act of 2014 (Public
7
Law 113–89; 128 Stat. 1020), $202,100,000, to remain
8
available until September 30, 2027, which shall be derived
9
from offsetting amounts collected under section 1308(d)
10
of the National Flood Insurance Act of 1968 (42 U.S.C.
11
4015(d)); of which $14,578,000 shall be available for mis-
12
sion support associated with flood management; and of
13
which $187,522,000 shall be available for flood plain man-
14
agement and flood mapping: Provided, That any addi-
15
tional fees collected pursuant to section 1308(d) of the
16
National Flood Insurance Act of 1968 (42 U.S.C.
17
4015(d)) shall be credited as offsetting collections to this
18
account, to be available for flood plain management and
19
flood mapping: Provided further, That in fiscal year 2026,
20
no funds shall be available from the National Flood Insur-
21
ance Fund under section 1310 of the National Flood In-
22
surance Act of 1968 (42 U.S.C. 4017) in excess of—
23
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•HR 4213 RH
(1) $230,669,000 for operating expenses and
1
salaries and expenses associated with flood insurance
2
operations;
3
(2) $1,505,000,000 for commissions and taxes
4
of agents;
5
(3) such sums as are necessary for interest on
6
Treasury borrowings; and
7
(4) $175,000,000, which shall remain available
8
until expended, for flood mitigation actions and for
9
flood mitigation assistance under section 1366 of the
10
National Flood Insurance Act of 1968 (42 U.S.C.
11
4104c),
notwithstanding
sections
1366(e)
and
12
1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
13
Provided further, That the amounts collected under section
14
102 of the Flood Disaster Protection Act of 1973 (42
15
U.S.C. 4012a) and section 1366(e) of the National Flood
16
Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de-
17
posited in the National Flood Insurance Fund to supple-
18
ment other amounts specified as available for section 1366
19
of the National Flood Insurance Act of 1968, notwith-
20
standing section 102(f)(8), section 1366(e) of the National
21
Flood Insurance Act of 1968, and paragraphs (1) through
22
(3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8),
23
4104c(e), 4104d(b)(1)–(3)): Provided further, That total
24
administrative costs shall not exceed 4 percent of the total
25
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•HR 4213 RH
appropriation: Provided further, That up to $4,000,000 is
1
available to carry out section 24 of the Homeowner Flood
2
Insurance Affordability Act of 2014 (42 U.S.C. 4033).
3
ADMINISTRATIVE PROVISIONS
4
(INCLUDING TRANSFERS OF FUNDS)
5
SEC. 301. Funds made available under the heading
6
‘‘Cybersecurity and Infrastructure Security Agency—Op-
7
erations and Support’’ may be made available for the nec-
8
essary expenses of procuring or providing access to cyber-
9
security threat feeds for branches, agencies, independent
10
agencies, corporations, establishments, and instrumental-
11
ities of the Federal Government of the United States,
12
State, local, Tribal, and territorial entities, fusion centers
13
as described in section 210A of the Homeland Security
14
Act (6 U.S.C. 124h), and Information Sharing and Anal-
15
ysis Organizations.
16
SEC. 302. (a) Notwithstanding section 2008(a)(12)
17
of the Homeland Security Act of 2002 (6 U.S.C.
18
609(a)(12)) or any other provision of law, not more than
19
5 percent of the amount of a grant made available in para-
20
graphs (1) through (5) under ‘‘Federal Emergency Man-
21
agement Agency—Federal Assistance’’, may be used by
22
the recipient for expenses directly related to administra-
23
tion of the grant.
24
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•HR 4213 RH
(b) The authority provided in subsection (a) shall also
1
apply to a state recipient for the administration of a grant
2
under such paragraph (3).
3
SEC. 303. Applications for grants under the heading
4
‘‘Federal Emergency Management Agency—Federal As-
5
sistance’’, for paragraphs (1) through (5), shall be made
6
available to eligible applicants not later than 60 days after
7
the date of enactment of this Act, eligible applicants shall
8
submit applications not later than 80 days after the grant
9
announcement, and the Administrator of the Federal
10
Emergency Management Agency shall act within 65 days
11
after the receipt of an application.
12
SEC. 304. (a) Under the heading ‘‘Federal Emer-
13
gency Management Agency—Federal Assistance’’, for
14
grants under paragraphs (1) through (5) and (9), the Ad-
15
ministrator of the Federal Emergency Management Agen-
16
cy shall brief the Committees on Appropriations of the
17
House of Representatives and the Senate 5 full business
18
days in advance of announcing publicly the intention of
19
making an award.
20
(b) If any such public announcement is made before
21
5 full business days have elapsed following such briefing,
22
$1,000,000 of amounts appropriated by this Act for ‘‘Fed-
23
eral Emergency Management Agency—Operations and
24
Support’’ shall be rescinded.
25
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SEC. 305. Under the heading ‘‘Federal Emergency
1
Management Agency—Federal Assistance’’, for grants
2
under paragraphs (1) and (2), the installation of commu-
3
nications towers is not considered construction of a build-
4
ing or other physical facility.
5
SEC. 306. The reporting requirements in paragraphs
6
(1) and (2) under the heading ‘‘Federal Emergency Man-
7
agement Agency—Disaster Relief Fund’’ in the Depart-
8
ment of Homeland Security Appropriations Act, 2015
9
(Public Law 114–4), related to reporting on the Disaster
10
Relief Fund, shall be applied in fiscal year 2026 with re-
11
spect to budget year 2027 and current fiscal year 2026,
12
respectively—
13
(1) in paragraph (1) by substituting ‘‘fiscal
14
year 2027’’ for ‘‘fiscal year 2016’’; and
15
(2) in paragraph (2) by inserting ‘‘business’’
16
after ‘‘fifth’’.
17
SEC. 307. In making grants under the heading ‘‘Fed-
18
eral Emergency Management Agency—Federal Assist-
19
ance’’, for Staffing for Adequate Fire and Emergency Re-
20
sponse grants, the Administrator of the Federal Emer-
21
gency Management Agency may grant waivers from the
22
requirements
in
subsections
(a)(1)(A),
(a)(1)(B),
23
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the
24
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•HR 4213 RH
Federal Fire Prevention and Control Act of 1974 (15
1
U.S.C. 2229a).
2
SEC. 308. (a) The aggregate charges assessed during
3
fiscal year 2026, as authorized in title III of the Depart-
4
ments of Veterans Affairs and Housing and Urban Devel-
5
opment, and Independent Agencies Appropriations Act,
6
1999 (42 U.S.C. 5196e), shall not be less than 100 per-
7
cent of the amounts anticipated by the Department of
8
Homeland Security to be necessary for its Radiological
9
Emergency Preparedness Program for the next fiscal year.
10
(b) The methodology for assessment and collection of
11
fees shall be fair and equitable and shall reflect costs of
12
providing such services, including administrative costs of
13
collecting such fees.
14
(c) Such fees shall be deposited in a Radiological
15
Emergency Preparedness Program account as offsetting
16
collections and will become available for authorized pur-
17
poses on October 1, 2026, and remain available until ex-
18
pended.
19
SEC. 309. In making grants under the heading ‘‘Fed-
20
eral Emergency Management Agency—Federal Assist-
21
ance’’, for Assistance to Firefighter Grants, the Adminis-
22
trator of the Federal Emergency Management Agency
23
may waive subsection (k) of section 33 of the Federal Fire
24
Prevention and Control Act of 1974 (15 U.S.C. 2229).
25
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•HR 4213 RH
SEC. 310. Any unobligated balances of funds appro-
1
priated in any prior Act for activities funded by the Na-
2
tional Predisaster Mitigation Fund under section 203 of
3
the Robert T. Stafford Disaster Relief and Emergency As-
4
sistance Act (42 U.S.C. 5133), as in effect on the day
5
before the date of enactment of section 1234 of division
6
D of Public Law 115–254, may be transferred to and
7
merged with funds set aside pursuant to subsection (i)(1)
8
of section 203 of the Robert T. Stafford Disaster Relief
9
and Emergency Assistance Act (42 U.S.C. 5133), as in
10
effect on the date of the enactment of this section.
11
SEC. 311. Any unobligated balances of funds appro-
12
priated under the heading ‘‘Federal Emergency Manage-
13
ment Agency—Flood Hazard Mapping and Risk Analysis
14
Program’’ in any prior Act may be transferred to and
15
merged with funds appropriated under the heading ‘‘Fed-
16
eral Emergency Management Agency—Federal Assist-
17
ance’’ for necessary expenses for Flood Hazard Mapping
18
and Risk Analysis: Provided, That funds transferred pur-
19
suant to this section shall be in addition to and supple-
20
ment any other sums appropriated for such purposes
21
under the National Flood Insurance Fund and such addi-
22
tional sums as may be provided by States or other political
23
subdivisions for cost-shared mapping activities under sec-
24
tion 1360(f)(2) of the National Flood Insurance Act of
25
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•HR 4213 RH
1968 (42 U.S.C. 4101(f)(2)), to remain available until ex-
1
pended.
2
SEC. 312. Section 203 of the Robert T. Stafford Dis-
3
aster Relief and Emergency Assistance Act (42 U.S.C.
4
section 5133) is amended as follows:
5
(1) In subsection (b)—
6
(A) by striking ‘‘may’’ and inserting
7
‘‘shall’’; and
8
(B) by inserting ‘‘related to a major dis-
9
aster declaration in the previous 4 years and’’
10
after ‘‘measures that are’’.
11
(2) In subsection (c) by striking ‘‘may’’ and in-
12
serting ‘‘shall’’.
13
(3) In subsection (g)—
14
(A) in the matter preceding paragraph (1),
15
by striking ‘‘7 years’’ and inserting ‘‘4 years’’;
16
(B) by striking the semicolon at the end of
17
paragraph (10) and inserting ‘‘; and’’;
18
(C) by striking ‘‘; and’’ at the end of para-
19
graph (11) and inserting a period; and
20
(D) by striking paragraph (12).
21
(4) In subsection (i)(1)—
22
(A) by striking ‘‘may’’ and inserting
23
‘‘shall’’; and
24
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•HR 4213 RH
(B) by striking ‘‘equal to’’ and inserting
1
‘‘that is not less than 3 percent and not more
2
than’’.
3
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•HR 4213 RH
TITLE IV
1
RESEARCH, DEVELOPMENT, TRAINING, AND
2
SERVICES
3
U.S. CITIZENSHIP AND IMMIGRATION SERVICES
4
OPERATIONS AND SUPPORT
5
For necessary expenses of U.S. Citizenship and Im-
6
migration Services for operations and support of the E-
7
Verify Program, $112,551,000: Provided, That such
8
amounts shall be in addition to any other amounts made
9
available for such purposes, and shall not be construed to
10
require any reduction of any fee described in section
11
286(m) of the Immigration and Nationality Act (8 U.S.C.
12
1356(m)).
13
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
14
OPERATIONS AND SUPPORT
15
For necessary expenses of the Federal Law Enforce-
16
ment Training Centers for operations and support, includ-
17
ing the purchase of not to exceed 117 vehicles for police-
18
type use and hire of passenger motor vehicles, and services
19
as authorized by section 3109 of title 5, United States
20
Code, $385,644,000, of which $75,551,000 shall remain
21
available until September 30, 2027: Provided, That not
22
to exceed $7,180 shall be for official reception and rep-
23
resentation expenses.
24
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•HR 4213 RH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
1
For necessary expenses of the Federal Law Enforce-
2
ment Training Centers for procurement, construction, and
3
improvements, $18,300,000, to remain available until Sep-
4
tember 30, 2030, for acquisition of necessary additional
5
real property and facilities, construction and ongoing
6
maintenance, facility improvements, and related expenses
7
of the Federal Law Enforcement Training Centers.
8
SCIENCE AND TECHNOLOGY DIRECTORATE
9
OPERATIONS AND SUPPORT
10
For necessary expenses of the Science and Tech-
11
nology Directorate for operations and support, including
12
the purchase or lease of not to exceed 5 vehicles,
13
$368,624,000, of which $206,093,000 shall remain avail-
14
able until September 30, 2027: Provided, That not to ex-
15
ceed $10,000 shall be for official reception and representa-
16
tion expenses.
17
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
18
For necessary expenses of the Science and Tech-
19
nology Directorate for procurement, construction, and im-
20
provements, $40,000,000, to remain available until Sep-
21
tember 30, 2030.
22
RESEARCH AND DEVELOPMENT
23
For necessary expenses of the Science and Tech-
24
nology Directorate for research and development,
25
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•HR 4213 RH
$350,074,000, to remain available until September 30,
1
2028.
2
ADMINISTRATIVE PROVISIONS
3
SEC. 401. (a) Notwithstanding any other provision
4
of law, funds otherwise made available to U.S. Citizenship
5
and Immigration Services may be used to acquire, operate,
6
equip, and dispose of up to 5 vehicles, for replacement
7
only, for areas where the Administrator of General Serv-
8
ices does not provide vehicles for lease.
9
(b) The Director of U.S. Citizenship and Immigration
10
Services may authorize employees who are assigned to
11
those areas to use such vehicles to travel between the em-
12
ployees’ residences and places of employment.
13
SEC. 402. None of the funds appropriated by this Act
14
may be used to process or approve a competition under
15
Office of Management and Budget Circular A–76 for serv-
16
ices provided by employees (including employees serving
17
on a temporary or term basis) of U.S. Citizenship and Im-
18
migration Services of the Department of Homeland Secu-
19
rity who are known as Immigration Information Officers,
20
Immigration Service Analysts, Contact Representatives,
21
Investigative Assistants, or Immigration Services Officers.
22
SEC. 403. None of the funds appropriated or other-
23
wise made available by this Act may be made available
24
to issue any employment authorization document or simi-
25
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•HR 4213 RH
lar document to any alien whose application for asylum
1
in the United States has been denied, or who is convicted
2
of a Federal or State crime while his or her application
3
for asylum in the United States is pending.
4
SEC. 404. Notwithstanding section 286(n) of the Im-
5
migration and Nationality Act (8 U.S.C. 1356(n)), the Di-
6
rector of U.S. Citizenship and Immigration Services may
7
use not more than $2,500 of the amounts deposited in
8
the Immigration Examinations Fee Account for official re-
9
ception and representation expenses in fiscal year 2026.
10
SEC. 405. No Federal funds made available to the
11
Department of Homeland Security may be used for the
12
consideration of a petition for a nonimmigrant visa under
13
section 101(a)(15)(H)(i)(b) of the Immigration and Na-
14
tionality Act, if the petitioner is any entity identified under
15
section 1260H of the William M. (Mac) Thornberry Na-
16
tional Defense Authorization Act for Fiscal Year 2021
17
(Public Law 116–283) or any subsidiary of such entity.
18
SEC. 406. The Director of the Federal Law Enforce-
19
ment Training Centers is authorized to distribute funds
20
to Federal law enforcement agencies for expenses incurred
21
participating in training accreditation.
22
SEC. 407. The Federal Law Enforcement Training
23
Accreditation Board, including representatives from the
24
Federal law enforcement community and non-Federal ac-
25
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•HR 4213 RH
creditation experts involved in law enforcement training,
1
shall lead the Federal law enforcement training accredita-
2
tion process to continue the implementation of measuring
3
and assessing the quality and effectiveness of Federal law
4
enforcement training programs, facilities, and instructors.
5
SEC. 408. (a) The Director of the Federal Law En-
6
forcement Training Centers may accept transfers to its
7
‘‘Procurement, Construction, and Improvements’’ account
8
from Government agencies requesting the construction of
9
special use facilities, as authorized by the Economy Act
10
(31 U.S.C. 1535(b)).
11
(b) The Federal Law Enforcement Training Centers
12
shall maintain administrative control and ownership upon
13
completion of such facilities.
14
SEC. 409. The functions of the Federal Law Enforce-
15
ment Training Centers instructor staff shall be classified
16
as inherently governmental for purposes of the Federal
17
Activities Inventory Reform Act of 1998 (31 U.S.C. 501
18
note).
19
SEC. 410. None of the funds made available in this
20
Act may be made available to implement, administer, or
21
enforce the ‘‘Asylum Program Fee’’ from the Final Rule
22
entitled ‘‘U.S. Citizenship and Immigration Services Fee
23
Schedule and Changes to Certain Other Immigration Ben-
24
efit Request Requirements’’ (88 Fed. Reg. 6194).
25
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•HR 4213 RH
SEC. 411. None of the funds made available by this
1
Act may be obligated, expended, or used in any manner
2
to determine that any alien has a credible fear of persecu-
3
tion under section 235(b)(1)(B)(v) of the Immigration and
4
Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) unless taking
5
into account the credibility of the statements made by the
6
alien in support of the alien’s claim, as determined pursu-
7
ant to section 208(b)(1)(B)(iii), and such other facts as
8
are known to the officer, the alien more likely than not
9
could establish eligibility for asylum under section 208,
10
and it is more likely than not that the statements made
11
by, and on behalf of, the alien in support of the alien’s
12
claim are true.
13
SEC. 412. None of the funds made available by this
14
Act may be obligated, expended, or used in any manner
15
to determine that any alien has a credible fear of persecu-
16
tion under section 235(b)(1)(B)(v) of the Immigration and
17
Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) or to grant
18
asylum to any alien pursuant to section 208 of the Immi-
19
gration and Nationality Act (8 U.S.C. 1158) if such alien
20
entered, attempted to enter, or arrived in the United
21
States after transiting through at least one country out-
22
side the alien’s country of citizenship, nationality, or last
23
lawful habitual residence en route to the United States
24
unless—
25
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•HR 4213 RH
(a) the alien demonstrates that he or she applied for
1
protection from persecution or torture in each country out-
2
side the alien’s country of citizenship, nationality, or last
3
lawful habitual residence through which the alien transited
4
en route to the United States, and the alien received a
5
final judgment denying the alien protection in each coun-
6
try;
7
(b) the alien demonstrates that he or she was a victim
8
of a severe form of trafficking in which a commercial sex
9
act was induced by force, fraud, or coercion, or in which
10
the person induced to perform such act was under the age
11
of 18 years; or in which the trafficking included the re-
12
cruitment, harboring, transportation, provision, or obtain-
13
ing of a person for labor or services through the use of
14
force, fraud, or coercion for the purpose of subjection to
15
involuntary servitude, peonage, debt bondage, or slavery,
16
and was unable to apply for protection from persecution
17
in each country through which the alien transited en route
18
to the United States as a result of such severe form of
19
trafficking; or
20
(c) the only countries through which the alien
21
transited en route to the United States were, at the time
22
of the transit, not parties to the 1951 United Nations
23
Convention relating to the Status of Refugees, the 1967
24
Protocol Relating to the Status of Refugees, or the United
25
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•HR 4213 RH
Nations Convention against Torture and Other Cruel, In-
1
human or Degrading Treatment or Punishment.
2
SEC. 413. An employer that received a labor certifi-
3
cation from the Department of Labor under section
4
214(c)(1) of the Immigration and Nationality Act with re-
5
gard to a petition to import an alien under section
6
101(a)(15)(H)(ii)(b) of such Act in fiscal year 2025,
7
2024, 2023, 2022 and 2021 shall, upon issuance of the
8
labor certification and approval of the petition, obtain po-
9
sitions exempt from the numerical limitation under section
10
214(g)(1)(B) of such Act in an amount that does not ex-
11
ceed the highest number of positions for all labor certifi-
12
cations received by such employer in any 1 of the prior
13
5 fiscal years in fiscal year 2026.
14
SEC. 414. In fiscal year 2026, for the purpose of ad-
15
mission under section 101(a)(15)(H)(ii)(a) of the Immi-
16
gration and Nationality Act and an application pursuant
17
to section 218 of such Act, work performed by workers
18
on agricultural operations (as such term is defined in sec-
19
tion 1619 of the Food, Conservation, and Energy Act of
20
2008 (7 U.S.C. 8791) shall be considered agricultural
21
labor or services of a temporary or seasonal nature de-
22
scribed in section 101(a)(15)(H)(ii)(a) of such Act, and
23
such workers shall be eligible for admission under such
24
section for a period not to exceed one year.
25
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•HR 4213 RH
SEC. 415. None of the funds appropriated or other-
1
wise made available by this Act may be made available
2
to implement, administer, or enforce the Final Rule enti-
3
tled ‘‘Modernizing H-2 Program Requirements, Oversight,
4
and Worker Protections’’ (89 Fed. Reg. 103202).
5
SEC. 416. (a) Subparagraph (P) of section
6
101(a)(15) of the Immigration and Nationality Act (8
7
U.S.C. 1101(a)(15)(P)) is amended—
8
(1) in clause (iii)(II), by striking ‘‘or’’ at the end;
9
(2) by redesignating clause (iv) as clause (v);
10
(3) in clause (v), as redesignated by subparagraph
11
(B), by striking ‘‘clause (i), (ii), or (iii)’’ and inserting
12
‘‘clause (i), (ii), (iii), or (iv)’’; and
13
(4) by inserting after clause (iii) the following:
14
‘‘(iv) seeks to enter the United States
15
temporarily and solely for the purpose of
16
performing functions that are integral and
17
essential to the operation of a mobile en-
18
tertainment provider (as set forth in sec-
19
tion 214(c)(4)(I)(ii)); or’’.
20
(b) Paragraph (4) of section 214(c) of the Immigra-
21
tion and Nationality Act (8 U.S.C. 1184(c)(4)) is amend-
22
ed by adding at the end the following:
23
‘‘(I) The following shall apply to the admission of any
24
alien under section 101(a)(15)(P)(iv):
25
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•HR 4213 RH
‘‘(i) The mobile entertainment provider shall be
1
subject to the same program requirements that gov-
2
ern the admission of non-immigrants pursuant to
3
section 101(a)(15)(H)(ii)(b) of the Immigration and
4
Nationality Act (8 U.S.C. 1101(a) (15)(H)(ii)(b)) as
5
promulgated by the Department of Labor in section
6
655 of title 20 of the Code of Federal Regulations.
7
‘‘(ii) For purposes of section 101(a)(15)(P)(iv),
8
functions that are integral and essential to the oper-
9
ation of a mobile entertainment provider include
10
transporting, assembly, operation, disassembly, and
11
maintenance of mobile entertainment attractions,
12
structures, and equipment, including rides, games,
13
novelties, and food or beverage concessions, as well
14
as other functions that are common in the mobile
15
entertainment industry and are necessary for the
16
safe and efficient operation of the mobile entertain-
17
ment provider.
18
‘‘(iii) For purposes of this subparagraph, the
19
term ‘mobile entertainment provider’ means—
20
‘‘(I) a carnival or circus that travels
21
around the United States on a temporary or
22
seasonal basis; or
23
‘‘(II) a provider of services normally affili-
24
ated with a carnival or circus, such as food and
25
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•HR 4213 RH
game concessions, that travels around the
1
United States on a seasonal or temporary basis
2
to provide services to State, county, and local
3
fairs and festivals, or support events sponsored
4
by
not-for-profit
organizations
for
fund-
5
raising.’’.
6
(c) Not later than 180 days after the date of the en-
7
actment of this Act, the Secretary of Homeland Security
8
and the Secretary of Labor shall separately publish in the
9
Federal Register proposed rules implementing the provi-
10
sions of this section and the amendments made by this
11
section, and shall finalize such rules not later than 1 year
12
after the date of the enactment of this Act.
13
TITLE V
14
GENERAL PROVISIONS
15
(INCLUDING TRANSFERS OF FUNDS)
16
SEC. 501. No part of any appropriation contained in
17
this Act shall remain available for obligation beyond the
18
current fiscal year unless expressly so provided herein.
19
SEC. 502. Subject to the requirements of section 503
20
of this Act, the unexpended balances of prior appropria-
21
tions provided for activities in this Act may be transferred
22
to appropriation accounts for such activities established
23
pursuant to this Act, may be merged with funds in the
24
applicable established accounts, and thereafter may be ac-
25
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65
•HR 4213 RH
counted for as one fund for the same time period as origi-
1
nally enacted.
2
SEC. 503. (a) None of the funds provided by this Act,
3
provided by previous appropriations Acts to the compo-
4
nents in or transferred to the Department of Homeland
5
Security that remain available for obligation or expendi-
6
ture in fiscal year 2026, or provided from any accounts
7
in the Treasury of the United States derived by the collec-
8
tion of fees available to the components funded by this
9
Act, shall be available for obligation or expenditure
10
through a reprogramming of funds that—
11
(1) creates or eliminates a program, project, or
12
activity, or increases funds for any program, project,
13
or activity for which funds have been denied or re-
14
stricted by the Congress;
15
(2) contracts out any function or activity pres-
16
ently performed by Federal employees or any new
17
function or activity proposed to be performed by
18
Federal employees in the President’s budget pro-
19
posal for fiscal year 2026 for the Department of
20
Homeland Security;
21
(3) augments funding for existing programs,
22
projects, or activities in excess of $5,000,000 or 10
23
percent, whichever is less;
24
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•HR 4213 RH
(4) reduces funding for any program, project,
1
or activity, or numbers of personnel, by 10 percent
2
or more; or
3
(5) results from any general savings from a re-
4
duction in personnel that would result in a change
5
in funding levels for programs, projects, or activities
6
as approved by the Congress.
7
(b) Subsection (a) shall not apply if the Committees
8
on Appropriations of the House of Representatives and the
9
Senate are notified at least 30 days in advance of such
10
reprogramming.
11
(c) Up to 2.5 percent of any appropriation made
12
available for the current fiscal year for the Department
13
of Homeland Security by this Act or provided by previous
14
appropriations Acts may be transferred between such ap-
15
propriations if the Committees on Appropriations of the
16
House of Representatives and the Senate are notified at
17
least 30 days in advance of such transfer, but no such
18
appropriation, except as otherwise specifically provided,
19
shall be increased by more than 5 percent by such trans-
20
fer.
21
(d) Notwithstanding subsections (a), (b), and (c), no
22
funds shall be reprogrammed within or transferred be-
23
tween appropriations—
24
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67
•HR 4213 RH
(1) based upon an initial notification provided
1
after June 15, except in extraordinary circumstances
2
that imminently threaten the safety of human life or
3
the protection of property;
4
(2) to increase or decrease funding for grant
5
programs; or
6
(3) to create a program, project, or activity
7
pursuant to subsection (a)(1), including any new
8
function or requirement within any program, project,
9
or activity, not approved by Congress in the consid-
10
eration of the enactment of this Act.
11
(e) The notification thresholds and procedures set
12
forth in subsections (a), (b), (c), and (d) shall apply to
13
any use of deobligated balances of funds provided in pre-
14
vious Department of Homeland Security Appropriations
15
Acts that remain available for obligation in the current
16
year.
17
(f) Notwithstanding subsection (c), the Secretary of
18
Homeland Security may transfer to the fund established
19
by 8 U.S.C. 1101 note, up to $20,000,000 from appro-
20
priations available to the Department of Homeland Secu-
21
rity: Provided, That the Secretary shall notify the Com-
22
mittees on Appropriations of the House of Representatives
23
and the Senate at least 5 days in advance of such transfer.
24
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SEC. 504. (a) Section 504 of the Department of
1
Homeland Security Appropriations Act, 2017 (division F
2
of Public Law 115–31), related to the operations of a
3
working capital fund, shall apply with respect to funds
4
made available in this Act in the same manner as such
5
section applied to funds made available in that Act.
6
(b) Funds from such working capital fund may be
7
obligated and expended in anticipation of reimbursements
8
from components of the Department of Homeland Secu-
9
rity.
10
SEC. 505. (a) Except as otherwise specifically pro-
11
vided by law, not to exceed 50 percent of unobligated bal-
12
ances remaining available at the end of fiscal year 2026,
13
as recorded in the financial records at the time of a re-
14
programming notification, but not later than June 15,
15
2027, from appropriations for ‘‘Operations and Support’’
16
for fiscal year 2026 in this Act shall remain available
17
through September 30, 2027, in the account and for the
18
purposes for which the appropriations were provided.
19
(b) Prior to the obligation of such funds, a notifica-
20
tion shall be submitted to the Committees on Appropria-
21
tions of the House of Representatives and the Senate in
22
accordance with section 503 of this Act.
23
SEC. 506. (a) Funds made available by this Act for
24
intelligence activities are deemed to be specifically author-
25
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•HR 4213 RH
ized by the Congress for purposes of section 504 of the
1
National Security Act of 1947 (50 U.S.C. 414) during fis-
2
cal year 2026 until the enactment of an Act authorizing
3
intelligence activities for fiscal year 2026.
4
(b) Amounts described in subsection (a) made avail-
5
able for ‘‘Intelligence, Analysis, and Situational Aware-
6
ness—Operations and Support’’ that exceed the amounts
7
in such authorization for such account shall be transferred
8
to and merged with amounts made available under the
9
heading ‘‘Management Directorate—Operations and Sup-
10
port’’.
11
(c) Prior to the obligation of any funds transferred
12
under subsection (b), the Undersecretary for Management
13
shall brief the Committees on Appropriations of the House
14
of Representatives and the Senate on a plan for the use
15
of such funds.
16
SEC. 507. (a) The Secretary of Homeland Security,
17
or the designee of the Secretary, shall notify the Commit-
18
tees on Appropriations of the House of Representatives
19
and the Senate at least 3 full business days in advance
20
of—
21
(1) making or awarding a grant allocation or
22
grant in excess of $1,000,000;
23
(2) making or awarding a contract, other trans-
24
action agreement, or task or delivery order on a
25
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•HR 4213 RH
multiple award contract, or to issue a letter of intent
1
totaling in excess of $4,000,000;
2
(3) awarding a task or delivery order requiring
3
an obligation of funds in an amount greater than
4
$10,000,000 from multi-year Department of Home-
5
land Security funds;
6
(4) making a sole-source grant award; or
7
(5) announcing publicly the intention to make
8
or award items under paragraph (1), (2), (3), or (4),
9
including a contract covered by the Federal Acquisi-
10
tion Regulation.
11
(b) If the Secretary of Homeland Security determines
12
that compliance with this section would pose a substantial
13
risk to human life, health, or safety, an award may be
14
made without notification, and the Secretary shall notify
15
the Committees on Appropriations of the House of Rep-
16
resentatives and the Senate not later than 5 full business
17
days after such an award is made or letter issued.
18
(c) A notification under this section—
19
(1) may not involve funds that are not available
20
for obligation; and
21
(2) shall include the amount of the award; the
22
fiscal year for which the funds for the award were
23
appropriated; the type of contract; and the account
24
from which the funds are being drawn.
25
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•HR 4213 RH
SEC. 508. Notwithstanding any other provision of
1
law, no agency shall purchase, construct, or lease any ad-
2
ditional facilities, except within or contiguous to existing
3
locations, to be used for the purpose of conducting Federal
4
law enforcement training without advance notification to
5
the Committees on Appropriations of the House of Rep-
6
resentatives and the Senate, except that the Federal Law
7
Enforcement Training Centers is authorized to obtain the
8
temporary use of additional facilities by lease, contract,
9
or other agreement for training that cannot be accommo-
10
dated in existing Centers’ facilities.
11
SEC. 509. None of the funds appropriated or other-
12
wise made available by this Act may be used for expenses
13
for any construction, repair, alteration, or acquisition
14
project for which a prospectus otherwise required under
15
chapter 33 of title 40, United States Code, has not been
16
approved, except that necessary funds may be expended
17
for each project for required expenses for the development
18
of a proposed prospectus.
19
SEC. 510. Sections 522 and 530 of the Department
20
of Homeland Security Appropriations Act, 2008 (division
21
E of Public Law 110–161; 121 Stat. 2073 and 2074) shall
22
apply with respect to funds made available in this Act in
23
the same manner as such sections applied to funds made
24
available in that Act.
25
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•HR 4213 RH
SEC. 511. (a) None of the funds made available in
1
this Act may be used in contravention of the applicable
2
provisions of the Buy American Act.
3
(b) For purposes of subsection (a), the term ‘‘Buy
4
American Act’’ means chapter 83 of title 41, United
5
States Code.
6
SEC. 512. None of the funds made available in this
7
Act may be used to amend the oath of allegiance required
8
by section 337 of the Immigration and Nationality Act
9
(8 U.S.C. 1448).
10
SEC. 513. (a) None of the funds provided or other-
11
wise made available in this Act shall be available to carry
12
out section 872 of the Homeland Security Act of 2002
13
(6 U.S.C. 452) unless explicitly authorized by the Con-
14
gress.
15
(b) Subsection (a) shall not apply to the use of such
16
section 872—
17
(1) to allocate or reallocate the functions of the
18
Assistant Secretary for the Countering Weapons of
19
Mass Destruction Office to other officers and orga-
20
nizational units within the Department; or
21
(2) to allocate or reallocate any other functions
22
of the Countering Weapons of Mass Destruction Of-
23
fice to other offices and organizational units within
24
the Department.
25
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•HR 4213 RH
(c) The Secretary of Homeland Security may transfer
1
funds made available in prior appropriations Acts to the
2
Countering Weapons of Mass Destruction Office between
3
any appropriations available to the Department of Home-
4
land Security as necessary to carry out the purposes de-
5
scribed in subsection (b).
6
SEC. 514. None of the funds made available in this
7
Act may be used for planning, testing, piloting, or devel-
8
oping a national identification card.
9
SEC. 515. Any official that is required by this Act
10
to report or to certify to the Committees on Appropria-
11
tions of the House of Representatives and the Senate may
12
not delegate such authority to perform that act unless spe-
13
cifically authorized herein.
14
SEC. 516. None of the funds made available in this
15
Act may be used for first-class travel by the employees
16
of agencies funded by this Act in contravention of sections
17
301–10.122 through 301–10.124 of title 41, Code of Fed-
18
eral Regulations.
19
SEC. 517. None of the funds made available in this
20
Act may be used to employ workers described in section
21
274A(h)(3) of the Immigration and Nationality Act (8
22
U.S.C. 1324a(h)(3)).
23
SEC. 518. Notwithstanding any other provision of
24
this Act, none of the funds appropriated or otherwise
25
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•HR 4213 RH
made available by this Act may be used to pay award or
1
incentive fees for contractor performance that has been
2
judged to be below satisfactory performance or perform-
3
ance that does not meet the basic requirements of a con-
4
tract.
5
SEC. 519. (a) None of the funds made available in
6
this Act may be used to maintain or establish a computer
7
network unless such network blocks the viewing,
8
downloading, and exchanging of pornography.
9
(b) Nothing in subsection (a) shall limit the use of
10
funds necessary for any Federal, State, Tribal, territorial,
11
or local law enforcement agency or any other entity car-
12
rying out criminal investigations, prosecution, or adjudica-
13
tion activities.
14
SEC. 520. None of the funds made available in this
15
Act may be used by a Federal law enforcement officer to
16
facilitate the transfer of an operable firearm to an indi-
17
vidual if the Federal law enforcement officer knows or sus-
18
pects that the individual is an agent of a drug cartel unless
19
law enforcement personnel of the United States continu-
20
ously monitor or control the firearm at all times.
21
SEC. 521. (a) None of the funds made available in
22
this Act may be used to pay for the travel to or attendance
23
of more than 50 employees of a single component of the
24
Department of Homeland Security, who are stationed in
25
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•HR 4213 RH
the United States, at a single international conference un-
1
less the Secretary of Homeland Security, or a designee,
2
determines that such attendance is in the national interest
3
and notifies the Committees on Appropriations of the
4
House of Representatives and the Senate within at least
5
10 days of that determination and the basis for that deter-
6
mination.
7
(b) For purposes of this section the term ‘‘inter-
8
national conference’’ shall mean a conference occurring
9
outside of the United States attended by representatives
10
of the United States Government and of foreign govern-
11
ments, international organizations, or nongovernmental
12
organizations.
13
(c) The total cost to the Department of Homeland
14
Security of any such conference shall not exceed $500,000.
15
(d) Employees who attend a conference virtually
16
without travel away from their permanent duty station
17
within the United States shall not be counted for purposes
18
of this section, and the prohibition contained in this sec-
19
tion shall not apply to payments for the costs of attend-
20
ance for such employees.
21
SEC. 522. None of the funds made available in this
22
Act may be used to reimburse any Federal department
23
or agency for its participation in a National Special Secu-
24
rity Event.
25
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•HR 4213 RH
SEC. 523. (a) None of the funds made available to
1
the Department of Homeland Security by this or any other
2
Act may be obligated for the implementation of any struc-
3
tural pay reform or the introduction of any new position
4
classification that will affect more than 100 full-time posi-
5
tions or costs more than $5,000,000 in a single year be-
6
fore the end of the 30-day period beginning on the date
7
on which the Secretary of Homeland Security submits to
8
Congress a notification that includes—
9
(1) the number of full-time positions affected by
10
such change;
11
(2) funding required for such change for the
12
current fiscal year and through the Future Years
13
Homeland Security Program;
14
(3) justification for such change; and
15
(4) for a structural pay reform, an analysis of
16
compensation alternatives to such change that were
17
considered by the Department.
18
(b) Subsection (a) shall not apply to such change if—
19
(1) it was proposed in the President’s budget
20
proposal for the fiscal year funded by this Act; and
21
(2) funds for such change have not been explic-
22
itly denied or restricted in this Act.
23
SEC. 524. (a) Any agency receiving funds made avail-
24
able in this Act shall, subject to subsections (b) and (c),
25
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•HR 4213 RH
post on the public website of that agency any report re-
1
quired to be submitted by the Committees on Appropria-
2
tions of the House of Representatives and the Senate in
3
this Act, upon the determination by the head of the agency
4
that it shall serve the national interest.
5
(b) Subsection (a) shall not apply to a report if—
6
(1) the public posting of the report com-
7
promises homeland or national security; or
8
(2) the report contains proprietary information.
9
(c) The head of the agency posting such report shall
10
do so only after such report has been made available to
11
the Committees on Appropriations of the House of Rep-
12
resentatives and the Senate for not less than 45 days ex-
13
cept as otherwise specified in law.
14
SEC. 525. (a) Funding provided in this Act for ‘‘Op-
15
erations and Support’’ may be used for minor procure-
16
ment, construction, and improvements.
17
(b) For purposes of subsection (a), ‘‘minor’’ refers
18
to end items with a unit cost of $250,000 or less for per-
19
sonal property, and $4,000,000 or less for real property.
20
SEC. 526. The authority provided by section 532 of
21
the Department of Homeland Security Appropriations
22
Act, 2018 (Public Law 115–141) regarding primary and
23
secondary schooling of dependents shall continue in effect
24
during fiscal year 2026.
25
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•HR 4213 RH
SEC. 527. (a) None of the funds appropriated or oth-
1
erwise made available to the Department of Homeland Se-
2
curity by this Act may be used to prevent any of the fol-
3
lowing persons from entering, for the purpose of con-
4
ducting oversight, any facility used to hold, detain, or oth-
5
erwise house aliens, or to make any temporary modifica-
6
tion at any such facility that in any way alters what is
7
observed by a visiting Member of Congress or such des-
8
ignated employee, compared to what would be observed in
9
the absence of such modification:
10
(1) a Member of Congress; and
11
(2) an employee of the United States House of
12
Representatives or the United States Senate des-
13
ignated by such a Member for the purposes of this
14
section.
15
(b) Nothing in this section may be construed to re-
16
quire a Member of Congress to provide prior notice of the
17
intent to enter a facility described in subsection (a) for
18
the purpose of conducting oversight.
19
(c) With respect to individuals described in subsection
20
(a)(2), the Department of Homeland Security may require
21
that a request be made at least 24 hours in advance of
22
an intent to enter a facility described in subsection (a).
23
SEC. 528. (a) Except as provided in subsection (b),
24
none of the funds made available in this Act may be used
25
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•HR 4213 RH
to place restraints on a woman in the custody of the De-
1
partment of Homeland Security (including during trans-
2
port, in a detention facility, or at an outside medical facil-
3
ity) who is pregnant or in post-delivery recuperation.
4
(b) Subsection (a) shall not apply with respect to a
5
pregnant woman if—
6
(1) an appropriate official of the Department of
7
Homeland Security makes an individualized deter-
8
mination that the woman—
9
(A) is a serious flight risk, and such risk
10
cannot be prevented by other means; or
11
(B) poses an immediate and serious threat
12
to harm herself or others that cannot be pre-
13
vented by other means; or
14
(2) a medical professional responsible for the
15
care of the pregnant woman determines that the use
16
of therapeutic restraints is appropriate for the med-
17
ical safety of the woman.
18
(c) If a pregnant woman is restrained pursuant to
19
subsection (b), only the safest and least restrictive re-
20
straints, as determined by the appropriate medical profes-
21
sional treating the woman, may be used. In no case may
22
restraints be used on a woman who is in active labor or
23
delivery, and in no case may a pregnant woman be re-
24
strained in a face-down position with four-point restraints,
25
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•HR 4213 RH
on her back, or in a restraint belt that constricts the area
1
of the pregnancy. A pregnant woman who is immobilized
2
by restraints shall be positioned, to the maximum extent
3
feasible, on her left side.
4
SEC. 529. (a) None of the funds made available by
5
this Act may be used to destroy any document, recording,
6
or other record pertaining to any—
7
(1) death of;
8
(2) potential sexual assault or abuse per-
9
petrated against; or
10
(3) allegation of abuse, criminal activity, or dis-
11
ruption committed by an individual held in the cus-
12
tody of the Department of Homeland Security.
13
(b) The records referred to in subsection (a) shall be
14
made available, in accordance with applicable laws and
15
regulations, and Federal rules governing disclosure in liti-
16
gation, to an individual who has been charged with a
17
crime, been placed into segregation, or otherwise punished
18
as a result of an allegation described in paragraph (3),
19
upon the request of such individual.
20
SEC. 530. Section 519 of division F of Public Law
21
114–113, regarding a prohibition on funding for any posi-
22
tion designated as a Principal Federal Official, shall apply
23
with respect to any Federal funds in the same manner
24
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•HR 4213 RH
as such section applied to funds made available in that
1
Act.
2
SEC. 531. (a) Not later than 10 days after the date
3
on which the budget of the President for a fiscal year is
4
submitted to Congress pursuant to section 1105(a) of title
5
31, United States Code, the Under Secretary for Manage-
6
ment of Homeland Security shall submit to the Commit-
7
tees on Appropriations of the House of Representatives
8
and the Senate a report on the unfunded priorities, for
9
the Department of Homeland Security and separately for
10
each departmental component, for which discretionary
11
funding would be classified as budget function 050.
12
(b) Each report under this section shall specify, for
13
each such unfunded priority—
14
(1) a summary description, including the objec-
15
tives to be achieved if such priority is funded
16
(whether in whole or in part);
17
(2) the description, including the objectives to
18
be achieved if such priority is funded (whether in
19
whole or in part);
20
(3) account information, including the following
21
(as applicable):
22
(A) appropriation account; and
23
(B) program, project, or activity name;
24
and
25
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•HR 4213 RH
(4) the additional number of full-time or part-
1
time positions to be funded as part of such priority.
2
(c) In this section, the term ‘‘unfunded priority’’, in
3
the case of a fiscal year, means a requirement that—
4
(1) is not funded in the budget referred to in
5
subsection (a);
6
(2) is necessary to fulfill a requirement associ-
7
ated with an operational or contingency plan for the
8
Department; and
9
(3) would have been recommended for funding
10
through the budget referred to in subsection (a) if—
11
(A) additional resources had been available
12
for the budget to fund the requirement;
13
(B) the requirement has emerged since the
14
budget was formulated; or
15
(C) the requirement is necessary to sustain
16
prior-year investments.
17
SEC. 532. (a) Not later than 10 days after a deter-
18
mination is made by the President to evaluate and initiate
19
protection under any authority for a former or retired
20
Government official or employee, or for an individual who,
21
during the duration of the directed protection, will become
22
a former or retired Government official or employee (re-
23
ferred to in this section as a ‘‘covered individual’’), the
24
Secretary of Homeland Security shall submit a notifica-
25
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•HR 4213 RH
tion to congressional leadership and the Committees on
1
Appropriations of the House of Representatives and the
2
Senate, the Committees on the Judiciary of the House of
3
Representatives and the Senate, the Committee on Home-
4
land Security of the House of Representatives, the Com-
5
mittee on Homeland Security and Governmental Affairs
6
of the Senate, and the Committee on Oversight and Re-
7
form of the House of Representatives (referred to in this
8
section as the ‘‘appropriate congressional committees’’).
9
(b) Such notification may be submitted in classified
10
form, if necessary, and in consultation with the Director
11
of National Intelligence or the Director of the Federal Bu-
12
reau of Investigation, as appropriate, and shall include the
13
threat assessment, scope of the protection, and the antici-
14
pated cost and duration of such protection.
15
(c) Not later than 15 days before extending, or 30
16
days before terminating, protection for a covered indi-
17
vidual, the Secretary of Homeland Security shall submit
18
a notification regarding the extension or termination and
19
any change to the threat assessment to the congressional
20
leadership and the appropriate congressional committees.
21
(d) Not later than 45 days after the date of enact-
22
ment of this Act, and quarterly thereafter, the Secretary
23
shall submit a report to the congressional leadership and
24
the appropriate congressional committees, which may be
25
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submitted in classified form, if necessary, detailing each
1
covered individual, and the scope and associated cost of
2
protection.
3
SEC. 533. (a) None of the funds provided to the De-
4
partment of Homeland Security in this or any prior Act
5
may be used by an agency to submit an initial project pro-
6
posal to the Technology Modernization Fund (as author-
7
ized by section 1078 of subtitle G of title X of the National
8
Defense Authorization Act for Fiscal Year 2018 (Public
9
Law 115–91)) unless, concurrent with the submission of
10
an initial project proposal to the Technology Moderniza-
11
tion Board, the head of the agency—
12
(1) notifies the Committees on Appropriations
13
of the House of Representatives and the Senate of
14
the proposed submission of the project proposal;
15
(2) submits to the Committees on Appropria-
16
tions a copy of the project proposal; and
17
(3) provides a detailed analysis of how the pro-
18
posed project funding would supplement or supplant
19
funding requested as part of the Department’s most
20
recent budget submission.
21
(b) None of the funds provided to the Department
22
of Homeland Security by the Technology Modernization
23
Fund shall be available for obligation until 15 days after
24
a report on such funds has been transmitted to the Com-
25
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•HR 4213 RH
mittees on Appropriations of the House of Representatives
1
and the Senate.
2
(c) The report described in subsection (b) shall in-
3
clude—
4
(1) the full project proposal submitted to and
5
approved by the Fund’s Technology Modernization
6
Board;
7
(2) the finalized interagency agreement between
8
the Department and the Fund including the
9
project’s deliverables and repayment terms, as appli-
10
cable;
11
(3) a detailed analysis of how the project will
12
supplement or supplant existing funding available to
13
the Department for similar activities;
14
(4) a plan for how the Department will repay
15
the Fund, including specific planned funding
16
sources, as applicable; and
17
(5) other information as determined by the Sec-
18
retary.
19
SEC. 534. Within 60 days of any budget submission
20
for the Department of Homeland Security for fiscal year
21
2027 that assumes revenues or proposes a reduction from
22
the previous year based on user fees proposals that have
23
not been enacted into law prior to the submission of the
24
budget, the Secretary of Homeland Security shall provide
25
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•HR 4213 RH
the Committees on Appropriations of the House of Rep-
1
resentatives and the Senate specific reductions in proposed
2
discretionary budget authority commensurate with the
3
revenues assumed in such proposals in the event that they
4
are not enacted prior to October 1, 2026.
5
SEC. 535. None of the funds made available by this
6
Act may be obligated or expended to implement the Arms
7
Trade Treaty until the Senate approves a resolution of
8
ratification for the Treaty.
9
SEC. 536. No Federal funds made available to the
10
Department of Homeland Security may be used to enter
11
into a procurement contract, memorandum of under-
12
standing, or cooperative agreement with, or make a grant
13
to, or provide a loan or guarantee to, any entity identified
14
under section 1260H of the William M. (Mac) Thornberry
15
National Defense Authorization Act for Fiscal Year 2021
16
(Public Law 116–283) or any subsidiary of such entity.
17
SEC. 537. None of the funds appropriated or other-
18
wise made available in this or any other Act may be used
19
to transfer, release, or assist in the transfer or release to
20
or within the United States, its territories, or possessions
21
Khalid Sheikh Mohammed or any other detainee who—
22
(1) is not a United States citizen or a member
23
of the Armed Forces of the United States; and
24
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•HR 4213 RH
(2) is or was held on or after June 24, 2009,
1
at the United States Naval Station, Guantanamo
2
Bay, Cuba, by the Department of Defense.
3
SEC. 538. (a) The Secretary of Homeland Security
4
shall, on a monthly basis beginning immediately after the
5
date of enactment of this Act, develop estimates of the
6
number of aliens anticipated to arrive at the southern bor-
7
der of the United States.
8
(b) The Secretary shall ensure that, at a minimum,
9
the estimates developed pursuant to subsection (a)—
10
(1) cover the current fiscal year and the fol-
11
lowing fiscal year;
12
(2) include a breakout by demographics, to in-
13
clude single adults, family units, and unaccompanied
14
children;
15
(3) undergo an independent validation and
16
verification review;
17
(4) are used to inform policy planning and
18
budgeting processes within the Department of
19
Homeland Security; and
20
(5) are included in all budget materials sub-
21
mitted to Congress for each fiscal year beginning
22
after the date of enactment of this Act including—
23
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•HR 4213 RH
(A) the President’s annual budget request
1
pursuant to section 1105 of title 31, United
2
States Code;
3
(B) any supplemental funding request sub-
4
mitted to Congress;
5
(C) any reprogramming and transfer noti-
6
fication pursuant to section 503 of this Act;
7
and
8
(D) all budget materials shall include—
9
(i) the most recent monthly estimates
10
developed pursuant to subsection (a);
11
(ii) a description and quantification of
12
the estimates used to justify funding re-
13
quests for Department programs related to
14
border security, immigration enforcement,
15
and immigration services;
16
(iii) a description and quantification
17
of the anticipated workload and require-
18
ments resulting from such estimates; and
19
(iv) a confirmation as to whether the
20
budget requests for impacted agencies were
21
developed using the same estimates.
22
(c) The Secretary shall share the monthly estimates
23
developed pursuant to subsection (a) with the Secretary
24
of Health and Human Services, the Attorney General, the
25
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•HR 4213 RH
Secretary of State, and the Committees on Appropriations
1
of the House of Representatives and the Senate.
2
(d) If the monthly estimates described in subsection
3
(b) are not provided for the purposes described, the re-
4
programming and transfer authority provided in section
5
503 of this Act shall be suspended until such time as the
6
required estimates are provided to the Committees on Ap-
7
propriations of the House of Representatives and the Sen-
8
ate.
9
SEC. 539. (a) Prior to the Secretary of Homeland Se-
10
curity requesting assistance from the Department of De-
11
fense for border security operations, the Secretary shall
12
ensure that an alternatives analysis and cost-benefit anal-
13
ysis is conducted before such request is made, which shall
14
include an examination of obtaining such support through
15
other means.
16
(b) Not later than 30 days after the date on which
17
a request for assistance is made, the Secretary of Home-
18
land Security shall submit to the Committees on Appro-
19
priations of the House of Representatives and the Senate
20
a report detailing the types of support requested, the alter-
21
natives analysis and cost-benefit analysis described in sub-
22
section (a), and the operational impact to Department of
23
Homeland Security operations of any Department of De-
24
fense border security support requested by the Secretary.
25
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•HR 4213 RH
(c) Not later than 30 days after the date on which
1
a request made for assistance is granted and quarterly
2
thereafter through the duration of such assistance, the
3
Secretary of Homeland Security shall submit to the Com-
4
mittees on Appropriations of the House of Representatives
5
and the Senate, a report detailing the assistance provided
6
and the operational impacts to border security operations.
7
SEC. 540. Funds made available in this Act or any
8
other Act for Operations and Support may be used for
9
the necessary expenses of providing an employee emer-
10
gency back-up care program.
11
SEC. 541. (a) Not less than $5,000,000 made avail-
12
able in this Act shall be transferred to ‘‘U.S. Immigration
13
and Customs Enforcement—Operations and Support’’ to
14
support and conduct necessary operations of the Blue
15
Campaign for fiscal year 2026.
16
(b) Prior to the obligation of funds made available
17
by subsection (a), notification shall be submitted to the
18
Committees on Appropriations of the House of Represent-
19
atives and the Senate.
20
SEC. 542. None of the funds appropriated or other-
21
wise made available by this Act may be made available
22
to establish or support the activities of a Disinformation
23
Governance Board at the Department of Homeland Secu-
24
rity, or any other similar entity carrying out activities re-
25
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91
•HR 4213 RH
lating to disinformation in a similar manner or to a similar
1
extent to such a Board.
2
SEC. 543. None of the funds appropriated or other-
3
wise made available by this Act may be made available
4
to:
5
(a) classify or facilitate the classification of any com-
6
munications by a United States person as mis-, dis-, or
7
mal-information; or
8
(b) partner with or fund nonprofit or other organiza-
9
tions that pressure or recommend private companies to
10
censor lawful and constitutionally protected speech of
11
United States persons, including recommending the cen-
12
soring or removal of content on social media platforms.
13
(c) Any officer or employee of the Federal Govern-
14
ment whose salary is funded by this Act and who conducts
15
any activity described in (a) or (b) shall be removed from
16
the Federal service.
17
SEC. 544. (a) In general.—Notwithstanding section
18
7 of title 1, United States Code, section 1738C of title
19
28, United States Code, or any other provision of law,
20
none of the funds provided by this Act, or previous appro-
21
priations Acts, shall be used in whole or in part to take
22
any discriminatory action against a person, wholly or par-
23
tially, on the basis that such person speaks, or acts, in
24
accordance with a sincerely held religious belief, or moral
25
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•HR 4213 RH
conviction, that marriage is, or should be recognized as,
1
a union of one man and one woman.
2
(b) Discriminatory action defined.—As used in sub-
3
section (a), a discriminatory action means any action
4
taken by the Federal Government to—
5
(1) alter in any way the Federal tax treatment
6
of, or cause any tax, penalty, or payment to be as-
7
sessed against, or deny, delay, or revoke an exemp-
8
tion from taxation under section 501(a) of the Inter-
9
nal Revenue Code of 1986 of, any person referred to
10
in subsection (a);
11
(2) disallow a deduction for Federal tax pur-
12
poses of any charitable contribution made to or by
13
such person;
14
(3) withhold, reduce the amount or funding for,
15
exclude, terminate, or otherwise make unavailable or
16
deny, any Federal grant, contract, subcontract, co-
17
operative agreement, guarantee, loan, scholarship, li-
18
cense, certification, accreditation, employment, or
19
other similar position or status from or to such per-
20
son;
21
(4) withhold, reduce, exclude, terminate, or oth-
22
erwise make unavailable or deny, any entitlement or
23
benefit under a Federal benefit program, including
24
admission to, equal treatment in, or eligibility for a
25
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•HR 4213 RH
degree from an educational program, from or to
1
such person; or
2
(5) withhold, reduce, exclude, terminate, or oth-
3
erwise make unavailable or deny access or an entitle-
4
ment to Federal property, facilities, educational in-
5
stitutions, speech fora (including traditional, limited,
6
and nonpublic fora), or charitable fundraising cam-
7
paigns from or to such person.
8
(c) Accreditation; Licensure; Certification.—The
9
Federal Government shall consider accredited, licensed, or
10
certified for purposes of Federal law any person that
11
would be accredited, licensed, or certified, respectively, for
12
such purposes but for a determination against such person
13
wholly or partially on the basis that the person speaks,
14
or acts, in accordance with a sincerely held religious belief
15
or moral conviction described in subsection (a).
16
SEC. 545. None of the funds made available by this
17
Act may be used to obligate or award funds to a political
18
subdivision of a State that—
19
(a) has in effect any law, policy, or procedure, wheth-
20
er written or communicated orally, in contravention of, or
21
which substantially limits compliance with, subsection (a)
22
or (b) of section 642 of the Illegal Immigration Reform
23
and Immigration Responsibility Act of 1996 (8 U.S.C.
24
1373); or
25
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•HR 4213 RH
(b) has in effect any law, policy, or procedure, wheth-
1
er written or communicated orally, the result of which
2
hinders the federal government from enforcing the immi-
3
gration laws as defined by 8 U.S.C. 101(a)(17).
4
SEC. 546. None of the funds appropriated or other-
5
wise made available by this Act may be made available
6
for diversity, equity, and inclusion initiatives, training,
7
programs, offices, officers, policies, or any program,
8
project, or activity that promotes or advances Critical
9
Race Theory, or any concept associated with Critical Race
10
Theory.
11
SEC. 547. None of the funds appropriated or other-
12
wise made available by this Act may be made available
13
to procure, whether directly or by contract with a third
14
party, computers, printers, or videoconferencing services
15
in which the manufacturer, bidder, or offeror, or any sub-
16
sidiary or parent entity of the manufacturer, bidder, or
17
offeror, of the equipment is an entity, or parent company
18
of an entity in which the People’s Republic of China has
19
any ownership stake.
20
SEC. 548. (a) For an additional amount for ‘‘Federal
21
Emergency Management Agency—Federal Assistance’’,
22
$3,000,000, to remain available until September 30, 2026,
23
exclusively for providing reimbursement of extraordinary
24
law enforcement personnel costs for protection activities
25
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•HR 4213 RH
directly and demonstrably associated with any non-govern-
1
mental property of the President that is to be secured by
2
the United States Secret Service pursuant to section 3 or
3
section 4 of the Presidential Protection Assistance Act of
4
1976 (Public Law 94–524); 18 U.S.C. 3056 note).
5
(b) Funds under subsection (a) shall be available only
6
for costs that a State or local agency—
7
(1) incurs on or after October 1, 2024;
8
(2) can demonstrate to the Administrator as
9
being—
10
(A) in excess of the costs of normal and
11
typical law enforcement operations;
12
(B) directly attributable to the provision of
13
protection described in this section; and
14
(C) associated with a non-governmental
15
property to be secured by the United States Se-
16
cret Service pursuant to such Act; and
17
(3) certifies to the Administrator as being for
18
protection activities requested by the Director of the
19
United States Secret Service.
20
(c) For purposes of subsection (a), a non-govern-
21
mental property to be secured under subsection (b)(2)(C)
22
made after incurring otherwise eligible costs shall apply
23
retroactively to October 1, 2024.
24
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•HR 4213 RH
SEC. 549. None of the funds appropriated or other-
1
wise made available by this Act may be obligated or ex-
2
pended in contravention of the First, Fourth, Fifth, and
3
Sixth Amendments to the Constitution.
4
SEC. 550. None of the funds appropriated or other-
5
wise made available by this Act may be used to interfere
6
with or restrict the ability of an individual to record or
7
document immigration enforcement actions, consistent
8
with existing laws, by U.S. Immigration and Customs En-
9
forcement or any other Federal law enforcement occurring
10
in public areas, provided that such documentation does not
11
obstruct or physically interfere with law enforcement oper-
12
ations.
13
SPENDING REDUCTION ACCOUNT
14
SEC. 551. $0.
15
This Act may be cited as the ‘‘Department of Home-
16
land Security Appropriations Act, 2026’’.
17
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Union Calendar No. 139
119TH CONGRESS
1ST SESSION
H. R. 4213
[Report No. 119–173]
A BILL
Making appropriations for the Department of
Homeland Security for the fiscal year ending
September 30, 2026, and for other purposes.
JUNE 26, 2025
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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