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
Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes.
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. 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:
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 identificationmeans, 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:
(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.