Title II — H.R. 4213 (Reported in House)

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

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. 203

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. 204

(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.

Sec. 205

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. 206

(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 2 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. 207

(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. 208

(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. 209

Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260), prohibiting the use of funds for the construction of fencing in certain areas, 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.

Sec. 210

(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. 211

Of the total amount made available under “U.S. Customs and Border Protection—Procurement, Construction, and Improvements”, $898,118,000 shall be available only as follows:

(1)

$346,000,000 for the acquisition and deployment of border security technologies;

(2)

$300,000,000 for trade and travel assets and infrastructure;

(3)

$182,400,000 for integrated operations assets and infrastructure;

(4)

$32,000,000 for mission support and infrastructure; and

(5)

$37,718,000 for radiological detection systems.

Sec. 212

None of the funds appropriated or otherwise made available by this Act may be made available to admit an alien into the United States at a port of entry on an F or M visa if the college, university, or other institution of higher learning that the student will attend is not accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.).

Sec. 213

None of the funds appropriated or otherwise made available by this Act may be made available to parole into the Commonwealth of the Northern Mariana Islands, for the purpose of temporary visit for business or pleasure without a visa, an alien who is a national of the People’s Republic of China.

Sec. 214

(a)

None of the funds appropriated or otherwise made available by this Act may be used by U.S. Customs and Border Protection to admit into the United States any aerosol-dispensing unmanned aircraft system produced or manufactured in a foreign adversary country.

(b)

The term “foreign adversary country” means a country specified in section 4872(d)(2) of title 10, United States Code.

Sec. 215

None of the funds appropriated or otherwise made available by this Act may be made available to reduce participation in or substantively diminish the delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), except as provided in section 216 of this Act.

Sec. 216

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

Sec. 217

(a)

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than “adequate” or the equivalent median score in any subsequent performance evaluation system.

(b)

The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.

Sec. 218

Without regard to the limitation as to time and condition of section 503(d) of this Act, the Secretary may reprogram within and transfer funds to “U.S. Immigration and Customs Enforcement—Operations and Support” as necessary to ensure the detention of aliens prioritized for removal.

Sec. 219

The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260) shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216.

Sec. 220

The terms and conditions of section 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93) shall apply to this Act.

Sec. 221

(a)

None of the funds appropriated or otherwise made available by this Act may be made available to transport aliens unlawfully present in, paroled into, or inadmissible to the United States into the interior of the United States for purposes other than enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

(b)

The limitation under subsection (a) shall not apply with respect to amounts made available to transport unaccompanied alien children (as such term is defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)).

Sec. 222

(a)

None of the funds appropriated or otherwise made available by this Act for “U.S. Immigration and Customs Enforcement” may be used to pay for or facilitate an abortion, except where the life of the mother would be endangered if the fetus would be carried to term, or in the case of rape or incest.

(b)

None of the funds appropriated or otherwise made available by this Act for “U.S. Immigration and Customs Enforcement” may be used to require any person to perform, or facilitate in any way the performance of, any abortion.

Sec. 223

None of the funds appropriated or otherwise made available by this Act may be made available to administer hormone therapy medication or perform or facilitate any surgery for any person in custody of U.S. Immigration and Customs Enforcement for the purpose of gender-affirming care.

Sec. 224

The Secretary of Homeland Security shall allocate amounts appropriated or otherwise made available under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” by this Act in order to—

(1)

prioritize resources to apprehend, detain, and remove aliens who—

(a)

are linked to terrorist organizations or terrorist-related activities, or otherwise pose a danger to national security;

(b)

possess a criminal history, with a particular emphasis on violent criminals, felons, and repeat offenders;

(c)

have ties to organized criminal organizations; or

(d)

otherwise constitute a threat to public safety;

(2)

prioritize detention by using such amounts to ensure that the average daily population of detainees is maintained at the full capacity at all detention facilities funded by this Act throughout the fiscal year; and

(3)

ensure that every alien on the non-detained docket is enrolled into the Alternatives to Detention Program with mandatory GPS monitoring throughout the duration of all applicable immigration proceedings (including any appeals) and until removal, if ordered removed.

Sec. 225

Not later than 45 days after the date of enactment of this Act, the Chief Financial Officer of U.S. Immigration and Customs Enforcement shall submit to the Committees on Appropriations of the House of Representatives and the Senate an obligation plan for amounts made available in this Act for “U.S. Immigration and Customs Enforcement”, delineated by level II program, project, and activity.

Sec. 226

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be made available to develop or administer a physical identification card for purposes of alien identification, verification of immigration status, or immigration portal access.

Sec. 227

No law of any State or political subdivision thereof pertaining to a minimum rate of compensation or any other condition of employment shall apply in the case of any person held in Federal custody pursuant to the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

Sec. 228

(a)

None of the funds appropriated or otherwise made available by this Act or any other Act shall be used to execute an inspection of a detention facility that is in a contractual agreement with U.S. Immigration and Customs Enforcement for the provision of detention services and that is subject to the terms, conditions, and standards found within the National Detention Standards for Non-Dedicated Facilities, as revised in 2019 for U.S. Immigration and Customs Enforcement, except solely for compliance with the terms, conditions, and standards found within the National Detention Standards for Non-Dedicated Facilities, as revised in 2019.

(b)

Executions of inspections described in subsection (a) shall not occur within six months of a previous inspection of such facility, except with respect to inspections executed by the Office of Inspector General.

Sec. 229

(a)

None of the funds made available by this Act or any other Act may be used to reduce the presence of U.S. Immigration and Customs Enforcement attaches or liaisons at international U.S. embassies or consulates for the purposes of international investigations or partnerships with foreign law enforcement.

(b)

Subsection (a) shall not apply to a reduction of presence in a specific country if—

(1)

the Secretary of Homeland Security, in collaboration with the Secretary of State, provides a written explanation of how maintaining a collaborative investigatory presence in a specific country undermines U.S. foreign policy interests in that country to the Committees on Appropriations of the House of Representatives and the Senate; or

(2)

a country requests the cessation of collaborative law enforcement activities performed by the attache or liaison stationed at the embassy or consulate to their country.

Sec. 230

(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. 231

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. 232

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. 233

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”.

Sec. 234

(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. 235

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. 236

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. 237

None of the funds made available by this Act may be used by the United States Coast Guard to enforce vessel speed restrictions with respect to the North Atlantic right whale or the Rice’s whale that was not in place prior to January 20, 2021.

Sec. 238

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. 239

(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. 240

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. 241

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. 242

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 individuals in U.S. Customs and Border Protection custody.

Sec. 243

None of the funds appropriated or otherwise made available by this Act to U.S. Immigration and Customs Enforcement may be used, in carrying out any civil immigration enforcement activities under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), to—

(1)

detain a citizen of the United States; or

(2)

deport a citizen of the United States from the United States.