Bill Summary
The **Homeland Security and Further Additional Continuing Appropriations Act, 2026** is a comprehensive piece of legislation that establishes budget allocations for the Department of Homeland Security (DHS) for the fiscal year ending September 30, 2026. The Act includes significant funding for various DHS components, such as U.S. Customs and Border Protection, the Transportation Security Administration, and FEMA, aiming to enhance national security, disaster relief efforts, and operational efficiency.
Key provisions of the legislation encompass strict administrative requirements for transparency in budgeting, including oversight of expenditures and performance evaluations. It also imposes restrictions on the use of funds for specific purposes, such as the Arms Trade Treaty and the transfer of detainees from Guantanamo Bay, while mandating regular reporting to Congress on migrant estimates and disaster relief funding.
Additionally, the Act introduces new voter registration requirements, including proof of U.S. citizenship and valid photo identification, along with penalties for election officials who fail to comply. These measures reflect a commitment to electoral integrity and governance, ensuring that both funding and voter registration processes are managed with accountability and transparency. Overall, the legislation aims to bolster security and preparedness across federal agencies while addressing critical social and electoral issues.
Possible Impacts
Here are three examples of how people will be affected by the legislation outlined in the Homeland Security and Further Additional Continuing Appropriations Act, 2026:
1. **Impact on Migrant Populations**: The legislation mandates the Secretary of Homeland Security to provide monthly estimates of migrant arrivals and detainees, which will likely affect how resources are allocated for immigration enforcement and support services. This increased oversight may lead to more informed budget planning for agencies involved in immigration, directly impacting the treatment and processing of migrants.
2. **Changes to Voter Registration Requirements**: New mandates require voters to present documentary proof of U.S. citizenship and valid photo IDs when voting, which could significantly impact individuals who face challenges in obtaining such documentation. This includes potential barriers for marginalized groups, such as low-income individuals or those with disabilities, who may struggle to meet the new requirements, thereby affecting their ability to participate in elections.
3. **Enhanced Disaster Relief Accountability**: With over $3.8 billion allocated for FEMA's disaster relief programs, the legislation includes strict reporting requirements for disaster relief funding. This could lead to improved efficiency and accountability in how disaster relief is administered, ultimately affecting communities that rely on timely assistance during emergencies. However, there are penalties for failing to meet reporting deadlines, which might strain resources for agencies tasked with managing these funds.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8206 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8206
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2026
Mr. Roy introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security and Further
Additional Continuing Appropriations Act, 2026''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION B--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
DIVISION C--SAVE AMERICA ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about January 22, 2026, and
submitted by the chair of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference, except that the contents printed under
the headings ``U.S. Immigration and Customs Enforcement'' and ``Border
Security Operations'' under the heading ``U.S. Customs and Border
Protection'' shall have no force or effect for purposes of this Act,
and amounts specified in the ``Final Bill'' column under the sub-
heading ``Border Security Operations'' under the heading ``U.S. Customs
and Border Protection'' and under the heading ``U.S. Immigration and
Customs Enforcement'' in the ``Department of Homeland Security Act,
2026'' table shall all be $0.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2026.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $316,295,000, which
shall be for the purposes and in the amounts specified in the ``Final
Bill'' column for Office of the Secretary and Executive Management,
Operations and Support, in the ``Department of Homeland Security
Appropriations Act, 2026'' table in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), of which $22,050,000 of amounts made available for Management and
Oversight, Office of Health Security shall remain available until
September 30, 2027: Provided, That $5,000,000 shall be withheld from
obligation until the Secretary submits to the Committees on
Appropriations of the House of Representatives and the Senate responses
to all questions for the record for each hearing on the fiscal year
2027 budget submission for the Department of Homeland Security held by
such Committees prior to July 1: Provided further, That not to exceed
$15,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,911,000, to remain available until September 30, 2028.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,690,380,000,
which shall be for the purposes and in the amounts specified in the
``Final Bill'' column for Management Directorate, Operations and
Support, in the ``Department of Homeland Security Appropriations Act,
2026'' table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $58,106,000, to remain
available until September 30, 2028.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $340,819,000, of which $121,274,000 shall
remain available until September 30, 2027: Provided, That not to
exceed $3,825 shall for be official reception and representation
expenses and not to exceed $2,000,000 is available for facility needs
associated with secure space at fusion centers, including improvements
to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $257,599,000, of which $20,000,000 shall be for
additional inspections and oversight of detention facilities and shall
remain available until September 30, 2027, and of which $12,814,000
shall be for oversight of the execution of funds provided in Public Law
119-21: Provided, That not to exceed $300,000 may be used for certain
confidential operational expenses, including the payment of informants,
to be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2026, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2025 or 2026.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the House of Representatives and the Senate not
later than February 15, 2027.
Sec. 102. (a) Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a monthly budget and staffing report
that includes total obligations of the Department for that month and
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
(b) The initial staffing report submitted pursuant to subsection
(a) shall be the baseline for which the Department of Homeland Security
may increase or decrease staffing levels for any program, project, or
activity pursuant to section 503(a)(4) of this Act.
Sec. 103. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the House of Representatives and the Senate of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the House of
Representatives and the Senate are notified of the proposed transfer.
Sec. 104. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 105. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the end of each fiscal quarter on
all Level 1 and Level 2 acquisition programs on the Master Acquisition
Oversight List between Acquisition Decision Event and Full Operational
Capability, including programs that have been removed from such list
during the preceding quarter.
(b) For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five
years, the current year, and the budget year;
(D) a breakout of the estimate by appropriation
account or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal
year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section
to the Committees on Appropriations of the House of Representatives and
the Senate not later than five business days after the date of approval
of such memorandum by the Under Secretary for Management or the
designee of the Under Secretary for Management.
Sec. 106. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration unless the component or
office carrying out such pilot or demonstration has documented the
information described in subsection (c).
(b) Prior to the obligation of any such funds made available for
``Operations and Support'' for a new pilot or demonstration, the Under
Secretary for Management shall provide a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting
such data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a projected
end date.
(d) Not later than 90 days after the date of completion of a pilot
or demonstration described in subsection (e), the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the House of Representatives and the Senate detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of the date
of the enactment of this Act.
(f) For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or
demonstration carried out by a non-Federal recipient under any
financial assistance agreement funded by the Department.
Sec. 107. (a) None of the funds appropriated or otherwise made
available by this Act may be used by the Office of Intelligence and
Analysis of the Department of Homeland Security to conduct a covered
activity (as defined by section 6303 of the Intelligence Authorization
Act for Fiscal Year 2025 (division F of Public Law 118-159)).
(b) Nothing in this section shall be construed as limiting or
superseding the authority of any official within the Department of
Homeland Security to conduct legal, privacy, civil rights, or civil
liberties oversight of the intelligence activities of the Office of
Intelligence and Analysis.
(c) Nothing in this section shall be construed to prohibit, or to
limit the authority of, personnel of the Office of Intelligence and
Analysis of the Department of Homeland Security from sharing
intelligence information with, or receiving information from--
(1) foreign, State, local, tribal, or territorial
governments (or any agency or subdivision thereof);
(2) the private sector; or
(3) other elements of the Federal Government, including the
components of the Department of Homeland Security.
Sec. 108. (a) The Inspector General shall report to the Committees
on Appropriations of the House of Representatives and the Senate on a
quarterly basis on oversight of the funding provided to the Department
in Public Law 119-21.
(b) The quarterly report required in subsection (a) shall include--
(1) a review of the spend plans for every program, project,
or activity funded by the Department under Public Law 119-21,
including the current status of obligated funds compared to
spend plan projections; and
(2) a summary of the audits being conducted on the
Department's contracting, procurement, and acquisition
activities resulting from Public Law 119-21.
(c) Beginning one year after the date of enactment of this Act, and
annually thereafter, the Inspector General shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate on the audits, inspections, and
evaluations conducted on funds provided and activities undertaken in
Public Law 119-21 and shall also provide recommendations in such report
on ways to improve effectiveness and efficiency and prevent waste,
fraud, and abuse of such programs and funds.
Sec. 109. (a) For an additional amount for ``Office of the
Secretary and Executive Management--Operations and Support--Office of
the Secretary'', $20,000,000, for the procurement, deployment, and
operations of body-worn cameras for agents and officers performing
enforcement activities under 8 U.S.C. 1101 et seq.
(b) Within 30 days of the date of enactment of this Act, the
Secretary shall provide the Committees on Appropriations of the House
of Representatives and the Senate a spend plan for the execution of
funding provided in subsection (a).
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $11,083,012,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $550,000,000 shall
be available until September 30, 2027; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $222,886,000,
which shall be for the purposes and in the amounts specified in the
``Final Bill'' column for U.S. Customs and Border Protection,
Procurement, Construction, and Improvements, in the ``Department of
Homeland Security Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which--
(1) amounts made available for Border Security Assets and
Infrastructure, Trade and Travel Assets and Infrastructure,
Integrated Operations Assets and Infrastructure, Mission
Support Assets and Infrastructure, and Radiological Detection
Systems shall remain available until September 30, 2028; and
(2) amounts made available for Construction and Facility
Improvements shall remain available until September 30, 2030.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $10,635,434,000, of which
$300,000,000 shall remain available until September 30, 2027:
Provided, That not to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections and shall
be available only for aviation security: Provided further, That the
sum appropriated under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2026 so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$7,605,434,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$330,230,000, to remain available until September 30, 2028.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $24,000,000, to remain
available until September 30, 2027.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 30 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $11,272,401,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $20,000,000 shall remain available until September 30, 2028; of
which $25,335,000 shall remain available until September 30, 2030, for
environmental compliance and restoration; and of which $400,000,000
shall remain available until September 30, 2027, which shall only be
available for depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $991,872,000, to remain available until September 30,
2030; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $6,763,000, to remain available until
September 30, 2028, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,249,000,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$3,128,304,000, of which $96,299,000 shall remain available until
September 30, 2027, and of which $20,000,000 shall remain available
until September 30, 2028; and of which $6,000,000 shall be for a grant
for activities related to investigations of missing and exploited
children; and of which up to $33,000,000 may be for calendar year 2025
premium pay in excess of the annual equivalent of the limitation on the
rate of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for Protective Services
Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 118-38:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $118,517,000, of which
$96,167,000 shall remain available until September 30, 2028, and of
which $22,350,000 shall remain available until September 30, 2030.
research and development
For necessary expenses of the United States Secret Service for
research and development, $3,250,000, to remain available until
September 30, 2027.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2026''
shall be substituted for ``fiscal year 2018''.
Sec. 202. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 203. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
within two business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 204. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 205. (a) Not later than 90 days after the date of enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit an expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the House of Representatives and the Senate.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 206. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2026, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 207. None of the funds made available for Border Security
Assets and Infrastructure under the heading ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in this Act
or prior appropriations Acts shall be used for the procurement or
deployment of surveillance systems that are not autonomous, as such
term is defined in section 90004 of Public Law 119-21.
Sec. 208. The Secretary shall ensure that the November 30, 2021,
policy statement from U.S. Customs and Border Protection titled
``Policy Statement and Required Actions Regarding Pregnant, Postpartum,
Nursing Individuals, and Infants in Custody,'' or substantively similar
standards of treatment developed in consultation with maternal and
pediatric health providers and experts, are in effect and are fully
implemented to safeguard the health, safety, and rights of pregnant
women in U.S. Customs and Border Protection custody.
Sec. 209. (a) Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
(b) None of the funds made available in this or any other Act,
including prior Acts, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act may be used to carry out legislation
altering the applicability of the screening requirements outlined in
subsection (a).
Sec. 210. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2026, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 211. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate a single report that fulfills the
following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 212. Section 515(b) of Public Law 108-334 (49 U.S.C. 44945
note) is amended by striking ``report'' each place it appears
(including in the subsection heading) and inserting ``briefing'' and by
striking ``transmit to'' and inserting ``provide''.
Sec. 213. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 214. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 215. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 216. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 217. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 218. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2026 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 219. (a) For an additional amount for ``Coast Guard--
Procurement, Construction, and Improvements'', $98,000,000, to remain
available until September 30, 2030, for the procurement and acquisition
of MQ-9 aircraft and associated base stations, equipment related to
such aircraft and associated base stations, and program management for
such aircraft and base stations.
(b) None of the funds made available for the Department of Homeland
Security in this or any prior Act may be used to procure or acquire
long-range unmanned aircraft with kinetic capabilities or to equip any
long-range unmanned aircraft with kinetic capabilities.
Sec. 220. None of the funds made available to the United States
Coast Guard by this Act may be available for implementation of Force
Design 2028 until the Coast Guard provides the Committees on
Appropriations of the House of Representatives and the Senate detailed
briefings on the initiatives of organization, people, technology, and
contracting and acquisitions.
Sec. 221. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 222. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 223. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 224. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the House of
Representatives and the Senate 10 or more days in advance, or as early
as practicable, prior to such expenditures.
Sec. 225. Of the amounts made available by this Act under the
heading ``United States Secret Service--Operations and Support'',
$2,000,000, to remain available until expended, shall be distributed as
a grant or cooperative agreement for existing National Computer
Forensics Institute facilities currently used by the United States
Secret Service to carry out activities under section 383 of title 6,
United States Code.
Sec. 226. (a) Section 118 of the Treasury and General Government
Appropriations Act, 2001 (5 U.S.C. 5547 note) is amended, in the first
sentence, by inserting ``(or, for 2024, to the extent that such
aggregate amount would exceed the per annum rate of salary payable
under section 104 of title 3, United States Code)'' before the period
at the end.
(b) Subsection (a) shall take effect as if enacted on December 31,
2023.
(c) Not later than 180 days after the date of enactment of this
Act, and annually thereafter through 2028, the Director shall submit to
the Committee on Appropriations of the House of Representatives and the
Senate; the Committee on Homeland Security, the Committee on Oversight
and Accountability, and the Committee on the Judiciary of the House of
Representatives; and the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of the Senate
of Congress a report describing the steps that the United States Secret
Service is taking to address the increased protective service demands
placed upon United States Secret Service personnel.
(d) Each report required under subparagraph (c) shall include the
following:
(1) An analysis of the current (as of the date on which the
report is submitted) operational demands and staffing levels
with respect to the United States Secret Service.
(2) Recommended strategies for reducing overtime
requirements for United States Secret Service personnel,
including--
(A) the appointment of additional personnel;
(B) solutions such that sufficient resources are
available throughout each year without the need for
exceptions to, or waivers of, premium pay limitations;
(C) the redistribution of workload among United
States Secret Service personnel; and
(D) other improvements in operational efficiency
with respect to the United States Secret Service.
(e) Within the reports required under paragraphs (3) and (4) of
section 2(c) of the Overtime Pay for Protective Services Act of 2023
(Public Law 118-38; 138 Stat. 13) that are submitted after the date of
enactment of this Act, the Director shall include information about--
(1) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel receiving premium pay above the pay
limitation in subsection (a) of section 5547 of title 5, United
States Code; and
(2) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel who are not fully compensated for their
overtime because their premium pay would be above the pay
limitation in section 2 of the Overtime Pay Protection Act of
2016 (5 U.S.C. 5547 note).
(f) The matter preceding the first proviso under the heading
``United States Secret Service--Operations and Support'' in division C
of Public Law 118-47 shall be applied to funds appropriated by this Act
by substituting ``$40,000,000'' for ``$24,000,000'' and substituting
``2024'' for ``2023''.
Sec. 227. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 228. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 229. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2026 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,218,634,000, which shall
be for the purposes and in the amounts specified in the ``Final Bill''
column for Cybersecurity and Infrastructure Security Agency, Operations
and Support in the ``Department of Homeland Security Appropriations
Act, 2026'' table in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), of which
amounts made available for Risk Management Operations, National
Infrastructure Simulation Analysis Center shall remain available until
September 30, 2027: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$386,464,000, to remain available until September 30, 2028.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,667,038,000: Provided, That not less
than $3,000,000 shall be for the Emergency Management Assistance
Compact: Provided further, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $156,419,000, of which
$92,794,000 shall remain available until September 30, 2028, and of
which $63,625,000 shall remain available until September 30, 2030.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,836,748,513, which shall be allocated as
follows:
(1) $494,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $85,500,000 shall be for Operation
Stonegarden and $14,250,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2026,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $584,250,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $300,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $150,000,000 is for eligible recipients
located in high-risk urban areas that receive funding under
section 2003 of such Act and $150,000,000 is for eligible
recipients that are located outside such areas: Provided, That
eligible recipients are those described in section 2009(b) of
such Act (6 U.S.C. 609a(b)) or are an otherwise eligible
recipient at risk of a terrorist or other extremist attack.
(4) $99,750,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $9,500,000 shall be
for Amtrak security and $1,900,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(5) $95,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $684,000,000, to remain available until September 30,
2027, of which $342,000,000 shall be for Assistance to
Firefighter Grants and $342,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $337,250,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(8) $297,113,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $11,400,000 for Regional Catastrophic Preparedness
Grants.
(10) $11,400,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam Safety
Program Act (33 U.S.C. 467f-2).
(11) $123,500,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2027: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(12) $48,000,000 for the Next Generation Warning System.
(13) $272,671,513 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table entitled
``Homeland Security--Community Project Funding/Congressionally
Directed Spending'' under the ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which--
(A) $82,957,854, in addition to amounts otherwise
made available for such purpose, is for emergency
operations center grants under section 614 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c); and
(B) $189,713,659, in addition to amounts otherwise
made available for such purpose, is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e)), notwithstanding subsections (f),
(g), and (l) of that section (42 U.S.C. 5133(f), (g),
(l)).
(14) $478,414,000 to sustain current operations for
training, exercises, technical assistance, and other programs,
of which--
(A) $85,711,000 is for the Center for Domestic
Preparedness;
(B) $17,100,000 is for the Center for Homeland
Defense and Security;
(C) $33,366,000 is for the Emergency Management
Institute;
(D) $72,140,000 is for the United States Fire
Administration;
(E) $95,950,000 is for the National Domestic
Preparedness Consortium;
(F) $15,200,000 is for Continuing Training Grants;
(G) $21,266,000 is for the National Exercise
Program;
(H) $83,657,000 is for the Biological Support
Program;
(I) $34,465,000 is for the Securing the Cities
Program; and
(J) $19,559,000 is for Countering Weapons of Mass
Destruction Training, Exercises, and Readiness.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$26,367,000,000, to remain available until expended: Provided, That
such amount shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to a concurrent resolution on the budget.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $226,000,000, to remain available until September 30, 2027,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $16,302,000 shall be available for mission support
associated with flood management; and of which $209,698,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2026, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $230,669,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,505,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $4,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
State, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
and Information Sharing and Analysis Organizations.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under such paragraph
(3).
Sec. 303. (a) Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
(b) Amounts appropriated by this Act for ``Federal Emergency
Management Agency--Operations and Support'' shall be reduced by
$100,000 for each day past the 60-day requirement that applications are
not made available to eligible applicants as required in subsection
(a), and the amount made available under such heading and specified in
the ``Department of Homeland Security Appropriations Act, 2026'' table
in the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) for Mission Support
shall be correspondingly reduced by an equivalent amount.
Sec. 304. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5), (9), and (10) the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
House of Representatives and the Senate five full business days in
advance of announcing publicly the intention of making an award.
(b) If any such public announcement is made before five full
business days have elapsed following such briefing, $1,000,000 of
amounts appropriated by this Act for ``Federal Emergency Management
Agency--Operations and Support'' shall be rescinded, and the amount
made available under such heading and specified in the ``Department of
Homeland Security Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act) for Mission Support shall be correspondingly
reduced by an equivalent amount.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2026 with respect to
budget year 2027 and current fiscal year 2026, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2027''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal year
2026, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2026, and remain
available until expended.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated in any
prior Act for activities funded by the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day
before the date of enactment of section 1234 of division D of Public
Law 115-254, shall be transferred to and merged with funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
effect on the date of the enactment of this section.
Sec. 311. Any unobligated balances of funds appropriated under the
heading ``Federal Emergency Management Agency--Flood Hazard Mapping and
Risk Analysis Program'' in any prior Act shall be transferred to and
merged with funds appropriated under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for necessary expenses for
Flood Hazard Mapping and Risk Analysis: Provided, That funds
transferred pursuant to this section shall be in addition to and
supplement any other sums appropriated for such purposes under the
National Flood Insurance Fund and such additional sums as may be
provided by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
Sec. 312. Each award for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'' for paragraphs (1)
through (10) and (12), shall have a period of performance, as defined
by 2 CFR 200.1, that shall be of not less than three years and not more
than five years.
Sec. 313. (a) The Administrator of the Federal Emergency Management
Agency shall post an interactive dashboard on the public-facing website
of the Federal Emergency Management Agency with any request for
reimbursement for a covered expense, delineated by state and any amount
for individual assistance or public assistance related to emergency (42
U.S.C. 5122(1)) or major disaster (42 U.S.C. 5122(2)) declarations
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)--
(1) not more than 90 days after such information has been
received by the Federal Emergency Management Agency; and
(2) not more than 60 days after such information is under
final review by the Department of Homeland Security.
(b) The information in the interactive dashboard referenced in
subsection (a) shall include at a minimum the information listed in
subparagraphs (1) through (7) under the heading in the paragraph titled
``Public and Individual Assistance'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 314. (a) None of the funds appropriated in this Act may be
used to pause a training or grant funded under the heading ``Federal
Emergency Management Agency--Federal Assistance''.
(b) Subsection (a) shall not apply if the Secretary of Homeland
Security notifies the Committees on Appropriations of the House of
Representatives and the Senate not less than 10 business days in
advance of the pause.
(c) The notification required by subsection (b) shall include an
explanation for the pause, plans to make up any missed classes
resulting from the pause, and the budgetary impact of any paused
training.
(d) The Secretary may waive the requirement in subsection (b) in
the event of extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
$122,941,000: Provided, That such amounts shall be in addition to any
other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $5,000 shall be for official
reception and representation expenses.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $379,837,000, of which $75,551,000 shall remain available
until September 30, 2027: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $18,300,000,
to remain available until September 30, 2030, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements, and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $352,802,000, of which $201,183,000 shall remain
available until September 30, 2027: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $51,500,000, to remain
available until September 30, 2030.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $426,904,000, to remain available until
September 30, 2028.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may
be used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2026, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2026 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 30 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations--
(1) based upon an initial notification provided after June
15, except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to
subsection (a)(1), including any new function or requirement
within any program, project, or activity, not approved by
Congress in the consideration of the enactment of this Act.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 15, 2027,
from appropriations for ``Operations and Support'' for fiscal year 2026
in this Act shall remain available through September 30, 2027, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 503 of this
Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2026 until the enactment of an Act authorizing
intelligence activities for fiscal year 2026.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Undersecretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least three full business
days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000 or a grant made from the Disaster Relief
Fund in excess of $100,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess of
$2,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $5,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4) including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
House of Representatives and the Senate not later than three full
business days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. (a) None of the funds provided or otherwise made
available by this Act may be made available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress after the date of enactment of this Act.
(b) Subsection (a) shall not apply to the use of the authorities
provided by such section 872--
(1) to allocate or reallocate the functions of the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office to other offices and organizational units
within the Department consistent with the ``Countering Weapons
of Mass Destruction'' table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act); or
(2) to allocate or reallocate any other functions of the
Countering Weapons of Mass Destruction Office to other offices
and organizational units within the Department consistent with
the ``Countering Weapons of Mass Destruction'' table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(c) Notwithstanding subsection (a), the Secretary may transfer
funds made available in prior appropriations Acts to the Countering
Weapons of Mass Destruction Office between any appropriations available
to the Department as necessary to carry out the purposes described in
subsection (b).
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the House of
Representatives and the Senate may not delegate such authority to
perform that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the House of Representatives and the
Senate within at least 10 days of that determination and the basis for
that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the House of Representatives and the Senate in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the House of Representatives and the Senate for not
less than 45 days except as otherwise specified in law.
(d) If the requirements of this section are not met, the
reprogramming and transfer authority provided in section 503 of this
Act shall be suspended until the requirements of subsection (a) are
met.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$4,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2026.
Sec. 527. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 528. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of;
(2) potential sexual assault or abuse perpetrated against;
or
(3) allegation of abuse, criminal activity, or disruption
committed by an individual held in the custody of the
Department of Homeland Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 529. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 530. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental component, for
which discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 531. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
House of Representatives and the Senate, the Committees on the
Judiciary of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 532. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the House
of Representatives and the Senate of the proposed submission of
the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding requested
as part of the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2027 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the House of
Representatives and the Senate specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior to
October 1, 2026.
Sec. 534. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 535. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 536. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 537. (a) The Secretary of Homeland Security shall, on a
monthly basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of migrants anticipated to arrive
at the southwest border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographic, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) such budget materials shall include--
(i) the most recent monthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of
the estimates used to justify funding requests
for Department programs related to border
security, immigration enforcement, and
immigration services;
(iii) a description and quantification of
the anticipated workload and requirements
resulting from such estimates; and
(iv) a confirmation as to whether the
budget requests for impacted agencies were
developed using the same estimates.
(c) The Secretary shall share the monthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the House of Representatives and the
Senate.
(d) If the monthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 538. (a) The Secretary of Homeland Security shall, on a
monthly basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of individuals anticipated to be
detained in and removed from the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults and family units;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) such budget materials shall include--
(i) the most recent monthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of
the estimates used to justify funding requests
for Department programs related to border
security, immigration enforcement, and
immigration services;
(iii) a description and quantification of
the anticipated workload and requirements
resulting from such estimates; and
(iv) a confirmation as to whether the
budget requests for impacted agencies were
developed using the same estimates.
(c) The Secretary shall share the monthly estimates developed
pursuant to subsection (a) with the Attorney General, the Secretary of
State, and the Committees on Appropriations of the House of
Representatives and the Senate.
(d) If the monthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 539. (a) Prior to the Secretary of Homeland Security
requesting assistance from the Department of Defense for border
security operations, the Secretary shall ensure that an alternatives
analysis and cost-benefit analysis is conducted before such request is
made, which shall include an examination of obtaining such support
through other means.
(b) Not later than 30 days after the date on which a request for
assistance is made, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate a report detailing the types of support requested, the
alternatives analysis and cost-benefit analysis described in subsection
(a), and the operational impact to Department of Homeland Security
operations of any Department of Defense border security support
requested by the Secretary.
(c) Not later than 30 days after the date on which a request made
for assistance is granted and quarterly thereafter through the duration
of such assistance, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate, a report detailing the assistance provided and the
operational impacts to border security operations.
Sec. 540. Funds made available in this Act or any other Act for
Operations and Support may be used for the necessary expenses of
providing an employee emergency back-up care program.
Sec. 541. (a) If the reporting requirement set forth in paragraph
(2) under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), as applied in this fiscal year by section
306 of this Act, is not submitted to the Committees on Appropriations
of the House of Representatives and the Senate and published on the
Agency's website not later than the fifth business day of the
applicable month, the amount made available for ``Office of the
Secretary and Executive Management--Operations and Support--Management
and Oversight'' shall be reduced by $100,000 for each day such report
is not submitted and published on the Agency's website.
(b) During any period in which the total number of requests for
reimbursement for a covered expense for individual assistance or public
assistance related to emergency (42 U.S.C. 5122(1)) or major disaster
(42 U.S.C. 5122(2)) declarations under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that the
Department of Homeland Security has been considering under final review
for greater than 60 days exceeds 500, the amount made available for
``Office of the Secretary and Executive Management--Operations and
Support--Management and Oversight'' shall be reduced by $100,000 for
each day during such period on which the cumulative total of requests
over 60 days in final review exceeds 500.
(c) Subsection (b) shall not apply if the balance of funding for
the Disaster Relief Fund is sufficient only for the purpose of
obligating funds for activities determined to be lifesaving or life-
sustaining.
Sec. 542. Section 16005(c) of title VI of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
shall be applied as if the language read as follows: ``Subsection (a)
shall apply until September 30, 2026.''.
Sec. 543. The levels for appropriations accounts specified for
classified programs in this Act shall conform to the direction included
in the classified annex accompanying this Act and shall be implemented
in a manner consistent with section 545.
Sec. 544. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Secretary of
Homeland Security and the Director of the Office of Management and
Budget, transfer amounts for the National Intelligence Program
consistent with the percentage caps specified in section 503(c):
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for any transfer of funds using
authority provided in this section shall be made consistent with the
requirements of section 503(d)(1).
Sec. 545. Within seven days of the date of enactment of this Act,
and quarterly thereafter, the Department shall submit to the Committees
on Appropriation of the House of Representatives and the Senate--
(1) an obligation plan by program, project, or activity for
each component receiving funds from Public Law 119-21;
(2) estimated fee collections for each component collecting
new or enhanced fees authorized by Public Law 119-21,
delineated by collections that a component will retain and
collections that a component will remit to other agencies or
the Treasury; and
(3) an obligation plan by program, project, or activity for
fee collections identified in paragraph (2) as being retained
by a component within the Department.
Sec. 546. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 547. In addition to amounts otherwise made available for such
purposes, there is appropriated $30,000,000, for an additional amount
for ``The Judiciary--Supreme Court of the United States--Salaries and
Expenses'', to remain available until September 30, 2028: Provided,
That amounts made available pursuant to this section shall be subject
to the same authorities and conditions as if such amounts were provided
under the heading ``The Judiciary--Supreme Court of the United States--
Salaries and Expenses'' in the Financial Services and General
Government Appropriations Act, 2026.
Sec. 548. There is appropriated $140,000,000 for an additional
amount for ``Department of Transportation--Federal Aviation
Administration--Operations'' for air traffic organization activities,
to remain available until September 30, 2027: Provided, That the
Administrator of the Federal Aviation Administration shall only use
such amounts to provide a rate of pay increase for calendar year 2026
of 3.8 percent, for air traffic controllers, as defined by section
2109(1)(A) of title 5, United States Code, and air traffic controller
supervisors or managers who are not covered under such section, but who
manage air traffic: Provided further, That such adjustment shall be
implemented for all such employees only to the extent the Administrator
determines, in his sole discretion, that improvements in workforce
scheduling, staffing utilization, or other operational efficiencies are
achieved that contribute to addressing workforce shortfalls and
enhancing aviation safety: Provided further, That if the Administrator
makes such determination, then such adjustment shall be effective the
first pay period beginning after January 1, 2026: Provided further,
That amounts provided by this section shall be subject to the same
authorities and conditions as if such amounts were provided by the
Department of Transportation Appropriations Act, 2026.
Sec. 549. Notwithstanding section 503(c) of this Act, no amounts
may be transferred to ``U.S. Customs and Border Protection--Operations
and Support'' for Border Security Operations in the ``Department of
Homeland Security Appropriations Act, 2026'' table of the explanatory
statement regarding this Act, as defined in section 4 (in the matter
preceding division A of this consolidated Act).
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2026''.
DIVISION B--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2026
Sec. 101. The Continuing Appropriations Act, 2026 (division A of
Public Law 119-37) is further amended by substituting the date of
enactment of this Act for the date specified in section 106(3).
Sec. 102. For the purposes of the Continuing Appropriations Act,
2026 (division A of Public Law 119-37), the time covered by such Act
shall be considered to include the period which began on or about
February 14, 2026, during which there occurred a lapse in
appropriations.
Sec. 103. Amounts made available in division A of the Homeland
Security and Further Additional Continuing Appropriations Act, 2026,
the Continuing Appropriations Act, 2026 (division A of Public Law 119-
37), and Public Law 119-21 for personnel pay, allowances, and benefits
in each department and agency shall be available for payments pursuant
to subsection (c) of section 1341 of title 31, United States Code, and
such payments shall be made.
Sec. 104. All obligations incurred and in anticipation of the
appropriations made and authority granted by division A of the Homeland
Security and Further Additional Continuing Appropriations Act, 2026 and
the Continuing Appropriations Act, 2026 (division A of Public Law 119-
37) for the purposes of maintaining the essential level of activity to
protect life and property and bringing about orderly termination of
Government function, and for purposes as otherwise authorized by law,
are hereby ratified and approved if otherwise in accord with the
provisions of such Acts.
This division may be cited as the ``Further Additional Continuing
Appropriations Act, 2026''.
DIVISION C--SAVE AMERICA ACT
SEC. 3001. SHORT TITLE.
This Act may be cited as the ``Safeguard American Voter Eligibility
Act'' or the ``SAVE America Act''.
SEC. 3002. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C.
20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As used in
this Act, the term `documentary proof of United States citizenship'
means, with respect to an applicant for voter registration, any of the
following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a
State, a unit of local government in a State, or a
Tribal government which--
``(i) was issued by the State, unit of
local government, or Tribal government in which
the applicant was born;
``(ii) was filed with the office
responsible for keeping vital records in the
State;
``(iii) includes the full name, date of
birth, and place of birth of the applicant;
``(iv) lists the full names of one or both
of the parents of the applicant;
``(v) has the signature of an individual
who is authorized to sign birth certificates on
behalf of the State, unit of local government,
or Tribal government in which the applicant was
born;
``(vi) includes the date that the
certificate was filed with the office
responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of
local government, or Tribal government that
issued the birth certificate.
``(B) An extract from a United States hospital
Record of Birth created at the time of the applicant's
birth which indicates that the applicant's place of
birth was in the United States.
``(C) A final adoption decree showing the
applicant's name and that the applicant's place of
birth was in the United States.
``(D) A Consular Report of Birth Abroad of a
citizen of the United States or a certification of the
applicant's Report of Birth of a United States citizen
issued by the Secretary of State.
``(E) A Naturalization Certificate or Certificate
of Citizenship issued by the Secretary of Homeland
Security or any other document or method of proof of
United States citizenship issued by the Federal
government pursuant to the Immigration and Nationality
Act.
``(F) An American Indian Card issued by the
Department of Homeland Security with the classification
`KIC'.''.
(b) Application of Requirements.--Section 4 of the National Voter
Registration Act of 1993 (52 U.S.C. 20503) is amended by striking
subsection (b) and inserting the following:
``(b) Requiring Applicants To Present Documentary Proof of United
States Citizenship.--Under any method of voter registration in a State,
the State shall not accept and process an application to register to
vote in an election for Federal office unless the applicant presents
documentary proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle Driver's
License.--Section 5 of the National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting ``Subject
to the requirements under section 8(j), each State motor
vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of
the United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement that
the applicant provides documentary proof of United States
citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States Citizenship With
National Mail Voter Registration Form.--Section 6 of the National Voter
Registration Act of 1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use''
and inserting ``Subject to the requirements under
section 8(j), each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take such
steps as may be necessary to ensure that residents of the State
are aware of the requirement to provide documentary proof of
United States citizenship to register to vote in elections for
Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the person did not provide documentary proof
of United States citizenship when registering to
vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of
United States citizenship in person to the office of
the appropriate election official not later than the
deadline provided by State law for the receipt of a
completed voter registration application for the
election; or
``(B) in the case of a State which permits an
individual to register to vote in an election for
Federal office at a polling place on the day of the
election and on any day when voting, including early
voting, is permitted for the election, the applicant
presents documentary proof of United States citizenship
to the appropriate election official at the polling
place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2) of
subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that reasonable
accommodations are made to allow an individual with a
disability who submits the mail voter registration application
form prescribed by the Election Assistance Commission pursuant
to section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a) to present documentary proof of United States
citizenship to the appropriate election official.''.
(e) Requirements for Voter Registration Agencies.--Section 7 of the
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the
following new clause:
``(iv) Receipt of documentary proof of United
States citizenship of each applicant to register to
vote in elections for Federal office in the State.'';
and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking
``(including citizenship)'' and inserting ``,
including the requirement that the applicant
provides documentary proof of United States
citizenship'';
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?' and if the applicant answers in the
affirmative require documentary proof of United States
citizenship prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the
requirements of subsection (j), in the administration
of voter registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or''
at the end; and
(ii) by adding at the end the following new
subparagraphs:
``(D) based on documentary proof or verified
information that the registrant is not a United States
citizen; or
``(E) the registration otherwise fails to comply
with applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered To Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the individual
provides documentary proof of United States citizenship.
``(2) Requirement in cases of name discrepancies in
documentation.--Notwithstanding any other provision of law, a
State shall accept and process an application to register to
vote in an election for Federal office if the applicant--
``(A) presents with the application documentation
that would constitute documentary proof of United
States citizenship, except that the name on the
documentation is not the name of the applicant; and
``(B) provides, through a process established by
the State (which shall be subject to any relevant
guidance adopted by the Election Assistance
Commission)--
``(i) additional documentation as necessary
to establish that the name on the documentation
is a previous name of the applicant; or
``(ii) an affidavit signed by the applicant
attesting that the name on the documentation is
a previous name of the applicant.
``(3) Additional processes in certain cases.--
``(A) Process for those without documentary
proof.--
``(i) In general.--Subject to any relevant
guidance adopted by the Election Assistance
Commission, each State shall establish a
process under which an applicant who cannot
provide documentary proof of United States
citizenship under paragraph (1) may, if the
applicant signs an attestation under penalty of
perjury that the applicant is a citizen of the
United States and eligible to vote in elections
for Federal office, submit such other evidence
to the appropriate State or local official
demonstrating that the applicant is a citizen
of the United States and such official shall
make a determination as to whether the
applicant has sufficiently established United
States citizenship for purposes of registering
to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State
or local official makes a determination under
clause (i) that an applicant has sufficiently
established United States citizenship for
purposes of registering to vote in elections
for Federal office in the State, such
determination shall be accompanied by an
affidavit developed under clause (iii) signed
by the official swearing or affirming the
applicant sufficiently established United
States citizenship for purposes of registering
to vote.
``(iii) Development of affidavit by the
election assistance commission.--The Election
Assistance Commission shall develop a uniform
affidavit for use by State and local officials
under clause (ii), which shall--
``(I) include an explanation of the
minimum standards required for a State
or local official to register an
applicant who cannot provide
documentary proof of United States
citizenship to vote in elections for
Federal office in the State; and
``(II) require the official to
explain the basis for registering such
applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance
adopted by the Election Assistance Commission, each
State shall establish a process under which an
applicant can provide such additional documentation to
the appropriate election official of the State as may
be necessary to establish that the applicant is a
citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary
proof of United States citizenship.
``(4) State requirements.--Not later than 30 days after the
date of the enactment of this subsection:
``(A) Each State shall take affirmative steps, on
an ongoing basis, to ensure that only United States
citizens are registered to vote under the provisions of
this Act, and such affirmative steps shall include the
establishment of a program described in subparagraphs
(B) and (C).
``(B) Each State shall submit the complete,
official list of individuals registered as eligible
voters for Federal office in the State to the
Department of Homeland Security for comparison through
the Systematic Alien Verification for Entitlements
(`SAVE') system for the purposes of identifying
individuals who are not citizens of the United States
and taking the necessary steps to remove such
individuals who are not citizens from the official
list, after notice is given to such individuals and
such individuals are given the opportunity to provide
documentary proof of United States citizenship, but a
State with a memorandum of agreement for such purposes
with the Department of Homeland Security on the date of
the enactment of this subsection may comply with this
subparagraph by carrying out such purposes under the
memorandum.
``(C) Each State may utilize such other sources of
data available to the State for the purposes of
identifying individuals who are not citizens of the
United States and removing such individuals from the
official list of eligible voters for Federal office in
the State, including (but not limited to) the
following:
``(i) State agencies that supply State
identification cards or driver's licenses where
the agency confirms the United States
citizenship status of applicants.
``(ii) Other sources, including databases
and information provided pursuant to an
agreement with the Commissioner of Social
Security under section 205(r)(9) of the Social
Security Act, which can be used to confirm
United States citizenship status, except that
any such information provided by the
Commissioner may not be the sole grounds for
the removal of an individual from the official
list of eligible voters for elections for
Federal office in a State.
``(5) Availability of information.--
``(A) In general.--At the request of a State
election official (including a request related to a
process established by a State under paragraph (3)(A)
or (3)(B)), any head of a Federal department or agency
possessing information relevant to determining the
eligibility of an individual to vote in elections for
Federal office shall, not later than 24 hours after
receipt of such request, provide the official with such
information as may be necessary to enable the official
to verify that an applicant for voter registration in
elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a
citizen of the United States, which shall include
providing the official with such batched information as
may be requested by the official.
``(B) Use of save system.--The Secretary of
Homeland Security may respond to a request received
under paragraph (1) by using the system for the
verification of immigration status under the applicable
provisions of section 1137 of the Social Security Act
(42 U.S.C. 1320b-7), as established pursuant to section
121(c) of the Immigration Reform and Control Act of
1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with
each other with respect to an individual who is the
subject of a request received under paragraph (A) in
order to enable them to respond to the request.
``(D) Investigation for purposes of removal.--The
Secretary of Homeland Security shall conduct an
investigation to determine whether to initiate removal
proceedings under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) if it is determined
pursuant to subparagraph (A) or (B) that an alien (as
such term is defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)) is unlawfully
registered to vote in elections for Federal office.
``(E) Prohibiting fees.--The head of a Federal
department or agency may not charge a fee for
responding to a State's request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A State
shall remove an individual who is not a citizen of the United States
from the official list of eligible voters for elections for Federal
office held in the State at any time upon receipt of documentation or
verified information that a registrant is not a United States
citizen.''.
(g) Clarification of Authority of State To Remove Noncitizens From
Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by adding ``or'' at the end of subparagraph
(B); and
(C) by adding at the end the following new
subparagraph:
``(C) documentary proof or verified information
that the registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter Registration
Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an
explanation of what is required to present documentary
proof of United States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document, and
any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as
amended by paragraph (1)(C)), by striking ``; and'' and
inserting the following: ``, other than as evidence in
a criminal proceeding or immigration proceeding brought
against an applicant who attempts to register to vote
and makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements
to register to vote in an election for Federal office;
and''.
(i) Private Right of Action.--Section 11(b)(1) of the National
Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by
striking ``a violation of this Act'' and inserting ``a violation of
this Act, including the act of an election official who registers an
applicant to vote in an election for Federal office who fails to
present documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C.
20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in
an election for Federal office;
``(C) registering an applicant to vote in an
election for Federal office who fails to present
documentary proof of United States citizenship; or''.
(k) Special Rule for States Not Requiring Voter Registration.--
Section 4 of the National Voter Registration Act of 1993 (52 U.S.C.
20503), as amended by subsection (b), is amended by adding at the end
the following:
``(c) Special Rule for States Not Requiring Voter Registration.--In
the case of a State or jurisdiction that does not require voter
registration as a requirement to vote in an election for Federal office
on or after the date of the enactment of this subsection, the State or
jurisdiction shall be deemed to meet the requirements of this Act if
the State or jurisdiction establishes a system for confirming the
citizenship of individuals voting in an election for Federal office
prior to the first day for voting with respect to such election and
provides such confirmation of citizenship status for each eligible
voter to election officials at the polling places during the voting
period.''.
(l) Election Assistance Commission Guidance.--Not later than 10
days after the date of the enactment of this Act, the Election
Assistance Commission shall adopt and transmit to the chief State
election official of each State guidance with respect to the
implementation of the requirements under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this
section.
(m) Inapplicability of Paperwork Reduction Act.--Subchapter I of
chapter 35 of title 44 (commonly referred to as the ``Paperwork
Reduction Act'') shall not apply with respect to the development or
modification of voter registration materials under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this
section, including the development or modification of any voter
registration application forms.
(n) Duty of Secretary of Homeland Security To Notify Election
Officials of Naturalization.--Upon receiving information that an
individual has become a naturalized citizen of the United States, the
Secretary of Homeland Security shall promptly provide notice of such
information to the appropriate chief election official of the State in
which such individual is domiciled.
(o) Rule of Construction Regarding Provisional Ballots.--Nothing in
this section or in any amendment made by this section may be construed
to supercede, restrict, or otherwise affect the ability of an
individual to cast a provisional ballot in an election for Federal
office or to have the ballot counted in the election if the individual
is verified as a citizen of the United States pursuant to section 8(j)
of the National Voter Registration Act of 1993 (as added by subsection
(f)).
(p) Rule of Construction Regarding Effect on State Exemptions From
Other Federal Laws.--Nothing in this section or in any amendment made
by this section may be construed to affect the exemption of a State
from any requirement of any Federal law other than the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.).
(q) Exception for Absent Uniformed Services Voters.--The
requirements in this section shall not apply with respect to an
applicant who is an absent uniformed services voter, as defined in
section 107(1) of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20310(1)).
(r) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this section,
and shall apply with respect to applications for voter registration
which are submitted on or after such date.
SEC. 3003. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement to Provide Photo Identification as Condition of
Casting Ballot.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.
``(a) Provision of Identification Required as Condition of Casting
Ballot.--
``(1) Individuals voting in person.--
``(A) Requirement to provide identification.--
Notwithstanding any other provision of law and except
as provided in subparagraph (B), the appropriate State
or local election official may not provide a ballot for
an election for Federal office to an individual who
desires to vote in person unless the individual
presents to the official a valid physical photo
identification.
``(B) Availability of provisional ballot.--
``(i) In general.--If an individual does
not present the identification required under
subparagraph (A), the individual shall be
permitted to cast a provisional ballot with
respect to the election under section 302(a),
except that the appropriate State or local
election official may not make a determination
under section 302(a)(4) that the individual is
eligible under State law to vote in the
election unless, not later than 3 days after
casting the provisional ballot, the individual
presents to the official--
``(I) the identification required
under subparagraph (A); or
``(II) an affidavit developed and
made available to the individual by the
State attesting that the individual
does not possess the identification
required under subparagraph (A) because
the individual has a religious
objection to being photographed.
``(ii) No effect on other provisional
balloting rules.--Nothing in clause (i) may be
construed to apply to the casting of a
provisional ballot pursuant to section 302(a)
or any State law for reasons other than the
failure to present the identification required
under subparagraph (A).
``(2) Individuals voting other than in person.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), the appropriate State or local election official
may not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless the individual submits with the
ballot--
``(i) a copy of a valid photo
identification; or
``(ii) the last four digits of the
individual's Social Security number and an
affidavit developed and made available to the
individual by the State attesting that the
individual is unable to obtain a copy of a
valid photo identification after making
reasonable efforts to obtain such a copy.
``(B) Exceptions.--Subparagraph (A) does not apply
with respect to a ballot provided by--
``(i) an absent uniformed services voter,
as defined in section 107(1) of the Uniformed
and Overseas Citizens Absentee Voting Act (52
U.S.C. 20310(1)); or
``(ii) an individual provided the right to
vote otherwise than in person under section
3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)).
``(b) Providing Public Access to Digital Imaging Devices.--With
respect to each State, the appropriate State or local government
official of the State shall ensure, to the extent practicable, public
access to a digital imaging device, which shall include a printer,
copier, image scanner, or multifunction machine, at State and local
government buildings in the State, including courts, libraries, and
police stations, for the purpose of allowing individuals to use such a
device at no cost to the individual to make a copy of a valid photo
identification.
``(c) Valid Photo Identifications Described.--For purposes of this
section, a `valid photo identification' means, with respect to an
individual who seeks to vote in a State, any of the following:
``(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration date.
``(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date
issued by a State motor vehicle authority.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) A valid identification document issued by a Tribal
government that includes a photo of the individual and an
expiration date.
``(d) Notification of Identification Requirement to Applicants for
Voter Registration.--
``(1) In general.--Each State shall ensure that, at the
time an individual applies to register to vote in elections for
Federal office in the State, the appropriate State or local
election official notifies the individual of the photo
identification requirements of this section.
``(2) Special rule for individuals applying to register to
vote online.--Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
``(e) Effective Date.--This section shall take effect on the date
of the enactment of this section, and shall apply with respect to
elections for Federal office held on or after such date.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Photo identification requirements.''.
(b) Conforming Amendment Relating to Voluntary Guidance by Election
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b))
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 303A, October 1, 2025.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
303, and 304'' and inserting ``subtitle A of title III''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this section,
and shall apply with respect to elections for Federal office held on or
after such date.
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