H.R. 4213 — Department of Homeland Security Appropriations Act, 2026

This section directs the Secretary of Homeland Security to submit to the Inspector General of the Department of Homeland Security (DHS), by October 15, 2026, a report listing all grants and contracts awarded by any means other than full and open competition during FY2025 or FY2026. The Inspector General must review the report for departmental compliance with applicable laws and regulations and report the results to the House and Senate Committees on Appropriations by February 15, 2027.

This section requires the Chief Financial Officer of the Department of Homeland Security to submit to the House and Senate Appropriations Committees, not later than 30 days after the last day of each month, a monthly budget and staffing report that includes total obligations for that month and the fiscal year to date at the appropriation, program, project, and activity levels by source year of appropriation.

This section requires the Secretary of Homeland Security, in consultation with the Secretary of the Treasury, to notify the House and Senate Committees on Appropriations of any proposed transfer of funds from the Department of the Treasury Forfeiture Fund (31 U.S.C. 9705(g)(4)(B)) to any Department of Homeland Security agency. No such funds may be obligated until the committees are notified.

This section requires that 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 be paid from amounts made available for the Office of the Secretary.

This section requires the Under Secretary for Management to brief the House and Senate Committees on Appropriations not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs (i.e., DHS's highest-risk programs based on cost, schedule, and performance) on the Master Acquisition Oversight List between Acquisition Decision Event and Full Operational Capability, including programs removed from the list during the preceding quarter. For each program, the briefing must include (1) its purpose and sponsoring component; (2) annual units to be acquired; (3) Acquisition Review Board status; (4) comparisons of current cost, schedule, and performance thresholds to the initial baseline; (5) lifecycle cost estimate details; (6) independent verification findings; (7) a table of fund obligations and carryover; (8) prime contractors and major subcontractors; and (9) risk descriptions. The section also requires submitting each approved Acquisition Decision Memorandum for such programs to the committees not later than five business days after approval.

This section prohibits the obligation of funds appropriated to the Department of Homeland Security (DHS) in this Act or prior appropriations Acts for any new pilot or demonstration—defined as a small-scale, short-term experiment using more than 10 full-time equivalents (FTEs) or obligating $5 million or more (excluding congressionally directed programs, enhancements, programs operating as of enactment, certain information technology procurement testing/evaluation/initial deployment, and non-Federal recipient pilots under financial assistance)—unless the relevant component or office documents the following: (1) well-defined and measurable objectives; (2) an assessment methodology detailing data types/sources, collection methods/frequency, and analysis; and (3) an implementation plan including milestones, cost estimates, schedules, and projected end date. Prior to obligating Operations and Support funds for such a pilot or demonstration, the DHS Under Secretary for Management must report this information to the House and Senate Appropriations Committees. Not later than 90 days after completion, the Under Secretary must report to those Committees on lessons learned, actual costs, and any planned expansion, continuation, or transition to an enduring program or operation.

This section prohibits the Office of Intelligence and Analysis of the Department of Homeland Security from using funds appropriated by this Act 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).

This section applies to funds made available by this Act the overtime compensation limitations of Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of P.L. 115-141)—which generally cap overtime pay for DHS employees—for fiscal year 2026 (from fiscal year 2018).

This section makes funding available under the U.S. Customs and Border Protection—Operations and Support and Procurement, Construction, and Improvements accounts for customs expenses necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by 48 U.S.C. §§ 740 and 1406i.

This section provides that fees collected from passengers arriving from Canada, Mexico, or an adjacent island shall be available until expended.

This section provides $31 million, to remain available until expended, for U.S. Customs and Border Protection Operations and Support. The amount is reduced by fees collected and credited to this appropriation in FY2026 under 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), section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125), or similar authorities, with collections exceeding $31 million credited in full to the account.

This section prohibits U.S. Customs and Border Protection from using funds appropriated by this Act to prevent noncommercial personal importation from Canada of prescription drugs that comply with the Federal Food, Drug, and Cosmetic Act, if carried on an individual's person in a quantity not exceeding a 90-day supply and the drug is not (1) a controlled substance or (2) a biological product.

This section prohibits the use of appropriated funds to approve waivers of U.S. navigation and vessel-inspection laws (i.e., Jones Act requirements for U.S.-built, owned, and crewed vessels in domestic trade) under 46 U.S.C. §501(b) for transporting crude oil to or from the Strategic Petroleum Reserve—a U.S. emergency oil stockpile—unless the Secretary of Homeland Security, after consulting the Secretaries of Energy and Transportation and U.S.-flag maritime industry representatives, takes adequate measures to ensure U.S.-flag vessel use. It further requires the Secretary to notify specified House and Senate committees within two business days of any such waiver requests and their dispositions.

This section prohibits the Secretary of Homeland Security, beginning on the date of enactment, from (1) establishing, collecting, or imposing any new border crossing fee on individuals crossing the southern or northern border at a land port of entry, or (2) conducting any study relating to the imposition of such a fee. 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 or northern border at a land port of entry.

This section requires the Commissioner of U.S. Customs and Border Protection to submit to the House and Senate Appropriations Committees, not later than 90 days after enactment, an expenditure plan for amounts appropriated in this Act and prior Acts for U.S. Customs and Border Protection—Procurement, Construction, and Improvements (i.e., border security infrastructure such as barriers, technology, and facilities). No funds provided in this Act for that account may be obligated until the plan is submitted.

This section applies to funds made available by this Act the prohibition in sec. 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of P.L. 116-260), on using funds for construction of fencing in certain areas.

This section (1) authorizes the use of funds appropriated by this Act to alter operations within the National Targeting Center of U.S. Customs and Border Protection (CBP), and (2) prohibits the use of funds provided by this Act, prior-year appropriations remaining available for obligation or expenditure in FY2026, or fee collections available to components funded by this Act from reducing anticipated or planned vetting operations (i.e., screening of passengers, cargo, and conveyances) at existing locations unless authorized by a statute enacted after this Act.

This section directs $898,118,000 of the amounts available under the U.S. Customs and Border Protection—Procurement, Construction, and Improvements account to be available only as follows: (1) $346,000,000 for 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.

This section prohibits the use of funds appropriated by this Act to admit aliens at U.S. ports of entry on F (academic student) or M (vocational student) nonimmigrant visas if the attending college, university, or other institution of higher learning lacks accreditation from a nationally recognized accrediting agency or association recognized by the Secretary of Education under part H of title IV of the Higher Education Act of 1965.

This section prohibits the use of funds appropriated or otherwise made available by this Act to parole nationals of the People's Republic of China into the Commonwealth of the Northern Mariana Islands for temporary visits for business or pleasure without a visa.

This section prohibits U.S. Customs and Border Protection from using funds appropriated by this Act to admit into the United States any aerosol-dispensing unmanned aircraft system produced or manufactured in a foreign adversary country (i.e., a country specified in 10 U.S.C. §4872(d)(2)).

This section prohibits the use of funds appropriated by this Act to reduce participation in or substantively diminish the delegation of immigration enforcement authority to state and local law enforcement under section 287(g) of the Immigration and Nationality Act (INA)—which authorizes DHS to enter into agreements allowing such officers to perform certain immigration functions under federal supervision—except as provided in section 216.

This section prohibits the use of funds appropriated for U.S. Immigration and Customs Enforcement—Operations and Support to continue any delegation of immigration enforcement authority to state or local law enforcement under INA §287(g) (i.e., agreements authorizing such officers to perform certain federal immigration functions) if the Department of Homeland Security Inspector General determines a material violation of the agreement terms.

This section prohibits the use of funds appropriated to U.S. Immigration and Customs Enforcement (ICE) Operations and Support to continue contracts for detention services (i.e., facilities housing immigrants pending removal proceedings or other immigration processes) if the facility's two most recent overall performance evaluations are less than “adequate” or the equivalent median score in any subsequent evaluation system. Those evaluations must be conducted by ICE’s Office of Professional Responsibility.

This section authorizes the Secretary to reprogram funds within and transfer funds to U.S. Immigration and Customs Enforcement—Operations and Support, without regard to time and condition limitations under section 503(d) of this Act, as necessary to ensure detention of aliens prioritized for removal.

This section continues semimonthly reporting requirements to Congress under sec. 216 of the Department of Homeland Security Appropriations Act, 2021 (Division F, P.L. 116-260), including all specified matters (e.g., aliens encountered at the southwest land border by nationality and sector, processing outcomes, and facilities usage), during the period described therein.

This section prohibits using funds appropriated or otherwise made available by this Act to transport aliens unlawfully present in, paroled into, or inadmissible to the United States into the interior of the country for purposes other than immigration law enforcement (as defined in section 101 of the Immigration and Nationality Act). The prohibition does not apply to transporting unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002).

This section prohibits funds appropriated by this Act for U.S. Immigration and Customs Enforcement (ICE) from (1) paying for or facilitating any abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape or incest; or (2) requiring any person to perform, or facilitate in any way the performance of, any abortion.

This section prohibits the use of funds appropriated or otherwise made available by this Act to administer hormone therapy medication or perform or facilitate surgery for any person in the custody of U.S. Immigration and Customs Enforcement (ICE) for the purpose of gender-affirming care.

This section directs the Secretary of Homeland Security to allocate funds appropriated for U.S. Immigration and Customs Enforcement—Operations and Support to (1) prioritize resources for apprehending, detaining, and removing aliens linked to terrorist organizations or activities, those with criminal histories (with emphasis on violent criminals, felons, and repeat offenders), those with ties to organized criminal organizations, or other public safety threats; (2) maintain average daily detainee populations at full capacity across all funded detention facilities throughout the fiscal year; and (3) enroll every alien on the non-detained docket in the Alternatives to Detention Program with mandatory GPS monitoring through all immigration proceedings (including appeals) and until removal, if ordered.

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

This section prohibits the use of funds appropriated to U.S. Immigration and Customs Enforcement for Operations and Support to develop or administer a physical identification card for alien identification, verification of immigration status, or immigration portal access.

This section exempts persons held in federal custody pursuant to the immigration laws from state and local laws pertaining to minimum wage rates or other conditions of employment.

This section prohibits the use of appropriated funds to inspect detention facilities under contract with U.S. Immigration and Customs Enforcement (ICE) for detention services and subject to the National Detention Standards for Non-Dedicated Facilities (2019), except solely to verify compliance with those standards. It further bars such inspections from occurring within six months of a prior inspection, except those conducted by the Office of Inspector General.

This section prohibits the use of appropriated funds to reduce the presence of U.S. Immigration and Customs Enforcement (ICE) attaches or liaisons at international U.S. embassies or consulates for international investigations or partnerships with foreign law enforcement. The prohibition does not apply to a specific country if (1) the Secretary of Homeland Security, in collaboration with the Secretary of State, provides the House and Senate Appropriations Committees a written explanation that maintaining an ICE presence there undermines U.S. foreign policy interests; or (2) the country requests cessation of those collaborative activities.

This section requires Members of the House and Senate (including leadership); heads of federal agencies and commissions (including the DHS Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries); the Attorney General, Deputy Attorney General, Assistant Attorneys General, and U.S. Attorneys; and senior Executive Office of the President members (including the OMB Director) to undergo federal passenger and baggage screening without exemption. It prohibits use of funds appropriated in this or any Act—including prior Acts or fee collections available to funded components—to implement legislation altering these screening requirements.

This section authorizes the use of any funds in the Aviation Security Capital Fund for FY2026 to procure and install explosives detection systems or to issue other transaction agreements for aviation security capital projects (i.e., those described in 49 U.S.C. 44923(a)), notwithstanding restrictions in 49 U.S.C. 44923. (As background, the fund finances the Transportation Security Administration's acquisition, deployment, and maintenance of airport security screening technologies.)

This section directs the Administrator of the Transportation Security Administration (TSA) to 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, not later than 45 days after the President's budget proposal submission, a single report that includes (1) a Capital Investment Plan, both constrained and unconstrained, for continuous and sustained capital investment in new and replacement transportation security equipment; (2) the 5-year technology investment plan required under section 1611 of title XVI of the Homeland Security Act of 2002, as amended by the Transportation Security Acquisition Reform Act (P.L. 113–245); and (3) the Advanced Integrated Passenger Screening Technologies report required by Senate Report 115–283 accompanying the Department of Homeland Security Appropriations Act, 2019.

This section prohibits the use of funds appropriated under the Coast Guard—Operations and Support heading for expenses related to recreational vessel (yacht) documentation under 46 U.S.C. §12114, except to the extent fees collected from yacht owners are credited to that appropriation. It authorizes Coast Guard personnel performing non-recreational vessel documentation under 46 U.S.C. ch. 121, subch. II to also perform recreational vessel documentation if such fees are insufficient and there is a backlog of recreational vessel applications.

This section directs the Commandant of the Coast Guard to submit to the House and Senate Committees on Appropriations a future-years capital investment plan (i.e., a multi-year projection of major acquisitions such as cutters, aircraft, and shore infrastructure) for the Coast Guard—Acquisition, Construction, and Improvements account, as described in specified provisos of the Department of Homeland Security Appropriations Act, 2015 (P.L. 114-4).

This section makes amounts deposited into the Coast Guard Housing Fund in FY2026 available until expended to carry out the fund's purposes under 14 U.S.C. §2946 (i.e., acquisition, construction, and improvement of housing for Coast Guard personnel), in addition to funds otherwise available for such purposes.

This section prohibits the United States Coast Guard from using funds provided by this Act to enforce vessel speed restrictions for the North Atlantic right whale or Rice’s whale that were not in place prior to January 20, 2021. (Thus, the Coast Guard may enforce only pre-2021 speed rules designed to reduce fatal ship strikes on these endangered whale species.)

This section authorizes the United States Secret Service to obligate funds in anticipation of reimbursements from executive agencies (i.e., as defined in 5 U.S.C. §105) for personnel receiving training sponsored by the James J. Rowley Training Center (the Secret Service's federal law enforcement training facility), provided that total obligations at fiscal year-end do not exceed total budgetary resources available under the Secret Service's "Operations and Support" heading.

This section prohibits the United States Secret Service from using funds appropriated by this Act or prior appropriations Acts to protect the head of any federal agency other than the Secretary of Homeland Security. The Secret Service Director may enter into fully reimbursable agreements to provide such protection.

This section makes funding available in this Act for United States Secret Service operations and support available for employee travel on protective missions without regard to expenditure limitations in this or any other Act, provided the Secret Service Director or designee notifies the House and Senate Appropriations Committees at least 10 days in advance or as early as practicable.

This section requires the Secretary of Homeland Security to ensure that the November 30, 2021, U.S. Customs and Border Protection (CBP) policy statement titled “Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody”—or substantively similar standards developed in consultation with maternal and pediatric health providers and experts—is in effect and fully implemented to safeguard the health, safety, and rights of pregnant individuals in CBP custody.

This section prohibits the use of funds appropriated or otherwise made available by this Act to U.S. Immigration and Customs Enforcement, in carrying out civil immigration enforcement activities under the immigration laws, to (1) detain a U.S. citizen or (2) deport a U.S. citizen.

This section authorizes funds appropriated to the Cybersecurity and Infrastructure Security Agency (CISA) for operations and support to procure or provide access to cybersecurity threat feeds (i.e., real-time data on cyber threats) for federal government entities, state, local, tribal, and territorial governments, fusion centers, and information sharing and analysis organizations.

This section increases the maximum administrative expense allowance to 5 percent (from 3 percent) for recipients of grants under paragraphs (1) through (5) of the Federal Emergency Management Agency–Federal Assistance account (i.e., State Homeland Security Grant Program, Urban Area Security Initiative, Assistance to Firefighters Grants, Staffing for Adequate Fire and Emergency Response grants, and related programs). Subsection (b) extends this authority to state recipients administering grants under paragraph (3) (Assistance to Firefighters Grants).

This section establishes deadlines for grants under the Federal Emergency Management Agency—Federal Assistance heading for paragraphs (1) through (5): the agency must make applications available to eligible applicants not later than 60 days after enactment of this Act, eligible applicants must submit applications not later than 80 days after the grant announcement, and the FEMA Administrator must act on complete applications within 65 days of receipt.

This section requires the Administrator of the Federal Emergency Management Agency (FEMA) to brief the House and Senate Committees on Appropriations 5 full business days before publicly announcing the intention to award grants under paragraphs (1) through (5) and (9) of the FEMA Federal Assistance heading. It rescinds $1 million from amounts appropriated by this Act for FEMA Operations and Support if such an announcement occurs beforehand.

This section provides that, under the Federal Emergency Management Agency (FEMA) Federal Assistance heading, for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility.

This section modifies and applies in fiscal year 2026 the reporting requirements for the Federal Emergency Management Agency's Disaster Relief Fund—from the Department of Homeland Security Appropriations Act, 2015 (P.L. 114-4)—with respect to budget year 2027 and current fiscal year 2026, respectively, by (1) substituting “fiscal year 2027” for “fiscal year 2016” in paragraph (1), and (2) inserting “business” after “fifth” in paragraph (2).

This section authorizes the Administrator of the Federal Emergency Management Agency to waive specified requirements for Staffing for Adequate Fire and Emergency Response (SAFER) grants, including certain firefighter staffing maintenance, matching funds, and repayment obligations under 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. (SAFER grants assist local fire departments in hiring firefighters and preventing layoffs.)

This section requires aggregate fees assessed in FY2026 under the Radiological Emergency Preparedness Program (REPP)—authorized by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), to fund state and local offsite emergency preparedness for commercial nuclear power plants—to total at least 100% of amounts anticipated by DHS as necessary for REPP in FY2027. It further directs that the fee assessment and collection methodology be fair and equitable and reflect costs of providing such services, including administrative costs of collecting fees, and provides that such fees be deposited in a REPP account as offsetting collections available for authorized purposes beginning October 1, 2026, until expended.

This section authorizes the Administrator of the Federal Emergency Management Agency to waive the cost-sharing requirements of subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(k))—which generally require Assistance to Firefighters Grant recipients to provide tiered non-federal matching contributions (e.g., 5% to 40% of costs depending on grant size)—when awarding such grants. (Thus, fire departments, emergency medical service organizations, and other eligible entities may receive full federal funding without matching funds.)

This section permits the transfer of any unobligated balances from prior appropriations to the National Predisaster Mitigation Fund under Stafford Act §203 (42 U.S.C. 5133), as in effect before P.L. 115-254, to the funds set aside under current §203(i)(1). (As background, the fund supported pre-disaster hazard mitigation grants to states, localities, and tribes; P.L. 115-254 repealed it and established a new 6% set-aside of certain disaster relief funds for similar purposes.)

This section permits the transfer of any unobligated balances from prior appropriations for the Federal Emergency Management Agency's (FEMA's) Flood Hazard Mapping and Risk Analysis Program to FEMA's Federal Assistance account for necessary expenses related to flood hazard mapping and risk analysis. Transferred funds supplement appropriations from the National Flood Insurance Fund and cost-sharing contributions from states or localities under the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), and remain available until expended.

This section revises the predisaster hazard mitigation program under Section 203 of the Stafford Act (i.e., competitive grants to states, localities, and tribal governments for projects reducing future disaster losses) as follows: (1) requires the President to provide assistance for cost-effective measures related to major disaster declarations in the previous four years (previously discretionary); (2) requires assistance to tribal governments (previously discretionary); (3) limits eligible mitigation measures to those addressing disasters declared within the previous four years (from seven years), revises the list of such measures, and strikes one measure; and (4) sets the federal share at not less than 3 percent and not more than 75 percent (from equal to 75 percent).

This section authorizes U.S. Citizenship and Immigration Services (USCIS) to use appropriated funds to acquire, operate, equip, and dispose of up to five replacement vehicles in areas where the Administrator of General Services does not provide vehicles for lease. It further permits the USCIS director to authorize employees assigned to those areas to use such vehicles for travel between their residences and places of employment.

This section prohibits the use of funds appropriated by this Act to process or approve competitions under Office of Management and Budget Circular A-76 (i.e., public-private competitions for federal commercial activities) for services provided by U.S. Citizenship and Immigration Services employees, including Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, and Immigration Services Officers.

This section prohibits the use of funds appropriated by this Act to issue employment authorization documents (or similar documents) to aliens whose asylum applications have been denied or who are convicted of a federal or state crime while their asylum application is pending.

This section authorizes the Director of U.S. Citizenship and Immigration Services to use up to $2,500 from the Immigration Examinations Fee Account for official reception and representation expenses in FY2026, notwithstanding the prohibition in section 286(n) of the Immigration and Nationality Act. (The Immigration Examinations Fee Account consists of filing fees collected for immigration benefit applications and funds most USCIS operations.)

This section prohibits the Department of Homeland Security from using federal funds to consider petitions for H-1B nonimmigrant visas (i.e., for temporary workers in specialty occupations) if the petitioner is any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283)—i.e., certain Chinese military companies operating in the United States—or any subsidiary of such an entity.

This section directs 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—to lead the Federal law enforcement training accreditation process. The board is to continue implementing measures assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.

This section authorizes the Director of the Federal Law Enforcement Training Centers (FLETC) to accept transfers from other government agencies to its “Procurement, Construction, and Improvements” account for constructing special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)). FLETC retains administrative control and ownership of such facilities upon completion.

This section classifies the functions of Federal Law Enforcement Training Centers instructor staff as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998. (Thus, these training functions cannot be outsourced to private contractors.)

This section prohibits the use of funds appropriated by this Act to implement, administer, or enforce the Asylum Program Fee established by USCIS's final rule on its fee schedule (88 Fed. Reg. 6194).

This section prohibits the obligation or expenditure of funds provided by this Act for credible fear determinations under INA §235(b)(1)(B)(v) (i.e., initial screenings for aliens subject to expedited removal at the border, which if positive allow proceedings on asylum claims) unless, accounting for the credibility of the alien's statements as in asylum proceedings and other known facts, the alien more likely than not could establish asylum eligibility under INA §208 and the statements made by or on behalf of the alien are more likely than not true. (Thus, this raises the credible fear standard from a significant possibility of asylum eligibility to a preponderance-of-the-evidence threshold.)

This section prohibits obligating or expending funds appropriated by this Act to determine that an alien has credible fear of persecution under expedited removal procedures (8 U.S.C. 1225(b)(1)(B)(v)) or to grant asylum (8 U.S.C. 1158) if the alien transited through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless (1) the alien applied for protection from persecution or torture in each such country and received a final denial; (2) the alien was a victim of severe human trafficking (i.e., involving force, fraud, or coercion for commercial sex acts, labor, or involuntary servitude) that prevented applying for protection in each transited country; or (3) each transited country was not a party to the 1951 UN Refugee Convention, its 1967 Protocol, or the UN Convention Against Torture.

This section establishes, for FY2026, an exemption from the H-2B visa numerical limitation under INA §214(g)(1)(B) (currently 66,000 visas annually) for employers that received a Department of Labor labor certification for an H-2B petition (i.e., temporary nonagricultural workers) in each of FY2021 through FY2025. Upon issuance of a new labor certification and petition approval, such employers may obtain exempt positions up to the highest number certified for that employer in any one of those five fiscal years.

This section deems work performed by workers on agricultural operations—as defined in section 1619 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791)—to be agricultural labor or services of a temporary or seasonal nature under INA §101(a)(15)(H)(ii)(a) for purposes of H-2A nonimmigrant admissions and related petitions in FY2026. (Thus, such workers are eligible for admission for a period not to exceed one year under the H-2A program, which authorizes temporary employment of foreign nationals to perform qualifying U.S. agricultural labor.)

This section prohibits the use of funds appropriated or otherwise made available by this Act to implement, administer, or enforce the Final Rule entitled “Modernizing H-2 Program Requirements, Oversight, and Worker Protections” (89 Fed. Reg. 103202). (As background, the H-2A and H-2B nonimmigrant worker programs authorize U.S. employers to hire foreign nationals for temporary agricultural and non-agricultural labor shortages, respectively; the rule revises associated requirements, oversight, and worker protections administered by the Department of Labor.)

This section establishes a new P-4 nonimmigrant visa classification under INA §101(a)(15)(P)(iv) for aliens seeking temporary admission solely to perform functions integral and essential to the operation of a mobile entertainment provider (i.e., a traveling carnival or circus, or affiliated service providers such as food and game concessions operating seasonally at fairs, festivals, or nonprofit fundraising events). It subjects such providers to the same program requirements as H-2B nonimmigrants (i.e., temporary nonagricultural workers, per DOL regulations at 20 CFR §655), including specified functions such as transporting, assembling, operating, disassembling, and maintaining mobile attractions, rides, games, novelties, food or beverage concessions, and other industry-common tasks necessary for safe and efficient operations. (Thus, this enables U.S. carnivals, circuses, and affiliated providers to hire foreign workers for setup and support under a dedicated P subcategory with H-2B labor protections.) The Secretaries of Homeland Security and Labor must publish proposed implementing rules in the Federal Register within 180 days of enactment and finalize them within one year.

This section authorizes the transfer of unexpended balances from prior appropriations for activities in this Act to new appropriation accounts established pursuant to this Act, subject to section 503; permits merger of those balances with funds in the new accounts; and allows them to be accounted for as one fund for the original period of availability.

This section prohibits the reprogramming of Department of Homeland Security (DHS) funds available in FY2026—including prior-year carryover and fee collections—for purposes that (1) create or eliminate a program, project, or activity or increase funding for any denied or restricted by Congress; (2) contract out functions performed by federal employees or proposed in the President's FY2026 budget; (3) augment existing programs, projects, or activities by more than $5 million or 10%, whichever is less; (4) reduce funding for any program, project, or activity or personnel by 10% or more; or (5) result from general personnel savings altering congressional funding levels. Such prohibition does not apply if the House and Senate Appropriations Committees receive at least 30 days' advance notice. This section authorizes transfers of up to 2.5% of DHS appropriations between accounts with 30 days' notice to the Appropriations Committees, provided no appropriation is increased by more than 5% through such transfers. Notwithstanding the above, this section prohibits all reprogramming or transfers (1) pursuant to an initial notification after June 15, except in extraordinary circumstances imminently threatening human life or property; (2) that increase or decrease funding for grant programs; or (3) that create a new program, project, or activity (including new functions or requirements) not approved by Congress. These restrictions apply to deobligated balances from prior DHS appropriations acts. This section separately authorizes the DHS Secretary to transfer up to $20 million from available DHS appropriations to the fund established under 8 U.S.C. 1101 note, with at least 5 days' notice to the Appropriations Committees.

This section applies to funds appropriated by this Act the provisions of Section 504 of the FY2017 Department of Homeland Security Appropriations Act (division F of P.L. 115-31) governing operations of the Department of Homeland Security (DHS) working capital fund (i.e., a revolving fund that finances common services such as IT, finance, and procurement for DHS components on a reimbursable basis). It further authorizes obligation and expenditure of working capital fund amounts in anticipation of reimbursements from DHS components.

This section authorizes up to 50% of unobligated balances remaining at the end of FY2026 from FY2026 Operations and Support appropriations—as recorded in financial records at the time of reprogramming notification, no later than June 15, 2027—to remain available through September 30, 2027 (end of FY2027), in the same account and for the same purposes. Prior to obligating such funds, the relevant agency must notify the House and Senate Committees on Appropriations in accordance with section 503 of this Act.

This section deems funds made available by this Act for intelligence activities to be specifically authorized by Congress for purposes of section 504 of the National Security Act of 1947 during FY2026, until enactment of an Intelligence Authorization Act for FY2026. It further requires excess amounts provided for "Intelligence, Analysis, and Situational Awareness—Operations and Support" beyond authorized levels to be transferred to and merged with funds for "Management Directorate—Operations and Support", with the Undersecretary for Management required to brief the House and Senate Appropriations Committees on a plan for their use prior to obligation.

This section requires the Secretary of Homeland Security to notify the House and Senate Appropriations Committees at least three full business days before (1) making or awarding a grant allocation or grant exceeding $1 million; (2) making or awarding a contract, other transaction agreement, task or delivery order on a multiple award contract, or issuing a letter of intent exceeding $4 million; (3) awarding a task or delivery order obligating more than $10 million from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) publicly announcing an intention to make or award items under (1) through (4), including contracts covered by the Federal Acquisition Regulation. If compliance would pose a substantial risk to human life, health, or safety, an award may be made without prior notification, with notice provided to the committees no later than five full business days after the award or letter issuance. Notifications may not involve unobligated funds and must specify the award amount, fiscal year of appropriation, contract type, and funding account.

This section prohibits federal agencies from purchasing, constructing, or leasing additional facilities for law enforcement training—except those within or contiguous to existing locations—without advance notification to the House and Senate Committees on Appropriations. The section authorizes the Federal Law Enforcement Training Centers (FLETC) to obtain temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing FLETC facilities.

This section prohibits the use of funds appropriated by this Act for any construction, repair, alteration, or acquisition project requiring a prospectus under 40 U.S.C. chapter 33 unless the prospectus has been approved, except for necessary funds to develop a proposed prospectus.

This section applies Sections 522 and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of P.L. 110-161), to funds made available by this Act.

This section prohibits the use of funds appropriated by the Act in contravention of the Buy American Act (i.e., chapter 83 of title 41, U.S. Code).

This section prohibits the use of funds appropriated by this Act to carry out the Countering Weapons of Mass Destruction Office (established under section 872 of the Homeland Security Act of 2002) unless explicitly authorized by Congress. It exempts from this prohibition (1) the allocation or reallocation of functions of the Assistant Secretary for the office to other DHS officers or organizational units, or (2) the allocation or reallocation of any other functions of the office to other DHS offices or organizational units. Further, it authorizes the Secretary of Homeland Security to transfer funds from prior appropriations acts to the office, between any DHS appropriations, as necessary to carry out such reallocations.

This section prohibits any official required by this Act to report or certify to the House and Senate Committees on Appropriations from delegating that authority unless specifically authorized in the Act.

This section prohibits the use of funds appropriated by this Act for first-class travel by employees of agencies funded under this Act if such travel contravenes federal travel regulations at 41 C.F.R. §§ 301-10.122 through 301-10.124 (which generally restrict first-class accommodations to circumstances such as unavailable coach-class service, medical necessity, or inadequate coach-class service).

This section prohibits the use of funds appropriated by this Act to pay award or incentive fees for contractor performance judged to be below satisfactory performance or that does not meet the basic requirements of a contract.

This section prohibits the use of funds provided by this Act to maintain or establish a computer network unless the network blocks the viewing, downloading, and exchanging of pornography. It exempts funds necessary for any federal, state, tribal, territorial, or local law enforcement agency or other entity carrying out criminal investigations, prosecutions, or adjudications.

This section prohibits the use of funds appropriated by this Act by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual known or suspected to be an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.

This section prohibits the use of funds provided by this Act to pay for the travel to or attendance at a single international conference (i.e., a conference outside the United States attended by U.S. government representatives and foreign governments, international organizations, or nongovernmental organizations) of more than 50 employees stationed in the United States from any single Department of Homeland Security (DHS) component, unless the Secretary of Homeland Security or designee determines such attendance is in the national interest and notifies the House and Senate Appropriations Committees at least 10 days in advance with the basis for that determination. The section caps total DHS costs for any such conference at $500,000 and excludes virtual attendees who remain at their U.S. permanent duty stations from both the 50-employee limit and the prohibition.

This section prohibits the Department of Homeland Security from obligating funds to implement any structural pay reform or new position classification affecting more than 100 full-time positions or costing more than $5 million in a single year until the end of the 30-day period (beginning on the notification date) in which the Secretary notifies Congress of (1) the number of full-time positions affected, (2) funding required for the current fiscal year and through the Future Years Homeland Security Program, (3) justification for the change, and (4) for a structural pay reform, an analysis of compensation alternatives considered by the department. The prohibition does not apply if the change was proposed in the President's budget for the fiscal year funded by this Act and funds for it have not been explicitly denied or restricted in this Act.

This section requires any agency receiving funds under this Act to post on its public website any report required to be submitted to the House and Senate Appropriations Committees, if the agency head determines that posting serves the national interest. The requirement does not apply to reports that compromise homeland or national security or contain proprietary information, and posting is permitted only after the report has been available to the Committees for at least 45 days (unless otherwise specified in law).

This section authorizes funds appropriated in this Act for Operations and Support to be used for minor procurement, construction, and improvements, defining "minor" as end items with a unit cost of $250,000 or less for personal property and $4,000,000 or less for real property.

This section continues the authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law 115-141), for primary and secondary schooling of dependents of Department of Homeland Security personnel, during FY2026. (That section authorizes the department to use appropriated funds for such schooling at locations outside the continental United States where adequate local schools are unavailable.)

This section prohibits the Department of Homeland Security (DHS) from using funds appropriated by this Act to prevent Members of Congress or their designated employees from entering facilities used to hold, detain, or house aliens for oversight purposes, or to make temporary modifications at such facilities that alter what a visitor would observe absent the modification. It specifies that Members of Congress need not provide prior notice of intent to enter and authorizes DHS to require 24 hours' advance notice for designated employees.

This section prohibits the Department of Homeland Security (DHS) from using appropriated funds to place restraints on pregnant women or women in post-delivery recuperation in DHS custody—including during transport, in a detention facility, or at an outside medical facility—subject to exceptions in subsection (b). Exceptions apply if (1) a DHS official determines the woman is a serious flight risk or poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (2) the treating medical professional determines restraints are appropriate for the woman's medical safety. If restraints are used, subsection (c) requires the safest and least restrictive type as determined by the treating medical professional, prohibits their use on women in active labor or delivery or in specified positions or types (i.e., face-down with four-point restraints, on her back, or a belt constricting the pregnancy area), and requires positioning immobilized women on their left side to the maximum extent feasible.

This section prohibits the use of funds appropriated by this Act to destroy any document, recording, or other record pertaining to (1) the death of, (2) potential sexual assault or abuse perpetrated against, or (3) an allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security. The section further requires such records to be made available, in accordance with applicable laws, regulations, and federal rules governing disclosure in litigation, to an individual charged with a crime, placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual.

This section applies to all federal funds made available by this Act the prohibition on funding for any position designated as a Principal Federal Official, as provided in Section 519 of division F of P.L. 114-113. (Thus, no funds may support a PFO to coordinate federal disaster response, a position created after Hurricane Katrina but later restricted in appropriations.)

This section requires the Under Secretary for Management of the Department of Homeland Security (DHS) to submit to the House and Senate Appropriations Committees, not later than 10 days after the President's annual budget submission to Congress, a report identifying unfunded priorities for DHS and each departmental component for which discretionary funding would be classified as budget function 050 (national defense). For each such priority—which is defined as an unfunded requirement necessary to fulfill a DHS operational or contingency plan that would have been recommended for funding if additional resources were available, the requirement emerged after budget formulation, or it sustains prior-year investments—the report must include (1) a summary description and (2) a full description (both specifying objectives if funded, in whole or part); (3) account information such as appropriation account and program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded.

This section requires the Secretary of Homeland Security to notify congressional leadership and the appropriate congressional committees (i.e., House and Senate Appropriations, Judiciary, Homeland Security, Homeland Security and Governmental Affairs, and Oversight and Reform Committees) regarding protection for covered individuals (i.e., former or retired government officials or employees, or individuals who will become such during the protection period) as follows: (1) within 10 days of a presidential determination to evaluate and initiate such protection, including the threat assessment, scope, anticipated cost, and duration (which may be classified and submitted in consultation with the Director of National Intelligence or FBI Director); (2) at least 15 days before extending or 30 days before terminating such protection, including any change to the threat assessment; and (3) within 45 days of enactment and quarterly thereafter, detailing each covered individual, the scope, and associated cost of protection (which may be classified).

This section prohibits the Department of Homeland Security (DHS) from using appropriated funds to submit an initial project proposal to the Technology Modernization Fund (TMF)—a fund that provides reimbursable loans and grants to federal agencies for IT modernization—unless the agency head concurrently notifies the House and Senate Appropriations Committees, submits a copy of the proposal, and provides a detailed analysis of how the proposed funding supplements or supplants funding requested in DHS's most recent budget submission. It further prohibits DHS from obligating any TMF funds received until 15 days after transmitting a specified report to the committees. The report must include (1) the full project proposal approved by the TMF Board; (2) the finalized interagency agreement, including deliverables and repayment terms; (3) a detailed analysis of how the project supplements or supplants existing DHS funding for similar activities; (4) a repayment plan with specific funding sources, as applicable; and (5) other information determined by the Secretary.

This section requires the Secretary of Homeland Security, within 60 days of any FY2027 budget submission that assumes revenues or proposes reductions from the prior year based on un-enacted user fee proposals, to provide the House and Senate Appropriations Committees with specific reductions in proposed discretionary budget authority equal to those assumed revenues if the fees are not enacted by October 1, 2026.

This section prohibits the Department of Homeland Security from using federal funds to enter into procurement contracts, memoranda of understanding, cooperative agreements, grants, loans, or guarantees with any entity identified as a Communist Chinese military company 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. (As background, section 1260H requires the Secretary of Defense to identify and publish a list of persons who are Communist Chinese military companies operating in the United States.)

This section prohibits the use of any appropriated funds 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 U.S. citizen or member of the U.S. Armed Forces and (2) is or was held on or after June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

This section directs the Secretary of Homeland Security to develop, on a monthly basis beginning immediately after enactment, estimates of the number of aliens anticipated to arrive at the U.S. southern border. The estimates must, at a minimum, (1) cover the current fiscal year and the following fiscal year; (2) include breakouts by demographics for single adults, family units, and unaccompanied children; (3) undergo independent validation and verification; (4) inform DHS policy planning and budgeting processes; and (5) be included in all budget materials submitted to Congress beginning after enactment—including the President's annual budget request, supplemental funding requests, and reprogramming/transfer notifications under section 503—which must also contain the most recent estimates, descriptions and quantifications of estimates used to justify funding for border security, immigration enforcement, and immigration services programs, anticipated workloads from the estimates, and confirmation that impacted agency budget requests used the same estimates. The Secretary must share the estimates with the Secretaries of Health and Human Services and State, the Attorney General, and the House and Senate Appropriations Committees. Failure to provide the estimates as required suspends reprogramming and transfer authority under section 503 until the estimates are provided to the Appropriations Committees.

This section requires the Secretary of Homeland Security, prior to requesting Department of Defense assistance for border security operations, to conduct an alternatives analysis and cost-benefit analysis that examines obtaining such support through other means. It further requires (1) the Secretary to submit to the House and Senate Appropriations Committees, within 30 days after making a request, a report detailing the types of support requested, the analyses conducted, and the operational impact to Department of Homeland Security operations; and (2) the Secretary to submit to the same committees, within 30 days after a request is granted and quarterly thereafter, a report detailing the assistance provided and its operational impacts to border security operations.

This section transfers not less than $5 million from funds made available in this Act to U.S. Immigration and Customs Enforcement (ICE) Operations and Support for operations of the Blue Campaign (i.e., DHS initiative to combat human trafficking through public awareness, victim-centered training, and partnerships) in FY2026. Prior to obligating these funds, ICE must notify the House and Senate Committees on Appropriations.

This section prohibits the use of funds appropriated or otherwise made available by this Act to establish or support a Disinformation Governance Board at the Department of Homeland Security (DHS), or any similar entity conducting disinformation-related activities to a similar manner or extent.

This section prohibits the use of funds appropriated by this Act to (1) classify or facilitate the classification of any communications by a United States person as mis-, dis-, or mal-information; or (2) partner with or fund nonprofit or other organizations that pressure or recommend private companies to censor lawful and constitutionally protected speech of United States persons, including recommending the censoring or removal of content on social media platforms. The section further requires removal from federal service of any officer or employee whose salary is funded by this Act and who conducts any such prohibited activity.

This section prohibits the use of funds appropriated by this Act or prior appropriations Acts to take discriminatory actions against any person wholly or partially on the basis that such person speaks or acts in accordance with a sincerely held religious belief or moral conviction that marriage is a union of one man and one woman. Discriminatory actions include (1) altering federal tax treatment, assessing penalties, or denying tax-exempt status under IRC §501(a); (2) disallowing federal tax deductions for charitable contributions; (3) withholding, reducing, or denying federal grants, contracts, loans, employment, or similar; (4) denying federal benefits or entitlements, including in educational programs; or (5) denying access to federal property, facilities, or speech fora. The section further requires the federal government to deem accredited, licensed, or certified any such person who would qualify for those purposes absent a determination based on the specified belief.

This section prohibits the obligation or award of any funds provided by this Act to a state political subdivision (i.e., city, county, or similar entity) that maintains a law, policy, or procedure contravening or substantially limiting compliance with 8 U.S.C. 1373(a) or (b) (i.e., requirements for state and local governments to share information on individuals' immigration status with federal immigration authorities and prohibiting restrictions on such sharing). It further prohibits such funding to any state political subdivision whose law, policy, or procedure hinders federal enforcement of the immigration laws (as defined in 8 U.S.C. 101(a)(17)).

This section prohibits the use of funds appropriated or otherwise made available by this Act for diversity, equity, and inclusion (DEI) initiatives, training, programs, offices, officers, policies, or any program, project, or activity that promotes or advances Critical Race Theory (CRT) or any concept associated with CRT.

This section prohibits the use of funds appropriated by this Act to procure computers, printers, or videoconferencing services—directly or via third-party contracts—from manufacturers, bidders, or offerors (or their subsidiaries or parent entities) that are entities in which the People's Republic of China has any ownership stake.

This section provides $3 million to the Federal Emergency Management Agency's Federal Assistance account, available until September 30, 2026, to reimburse state and local agencies for extraordinary law enforcement personnel costs incurred on or after October 1, 2024, directly associated with protecting any non-governmental property of the President secured by the U.S. Secret Service under the Presidential Protection Assistance Act of 1976 (i.e., providing federal assistance for security at the President's non-official residences). Funds are available only for costs exceeding normal operations, certified as requested by the Secret Service Director, with retroactive application to October 1, 2024, for eligible properties secured afterward.

This section prohibits the use of appropriated funds to interfere with or restrict an individual's ability to record or document, consistent with existing laws, immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE) or other federal law enforcement in public areas, provided such documentation does not obstruct or physically interfere with operations.