S. 2

S2 ENR: Secure America Act
 U.S. Senate
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     One Hundred Nineteenth Congress of the United States of America
     2d Session
     Begun and held at the City of Washington on Saturday, the third day of January, two thousand and twenty six
     S. 2
     IN THE SENATE OF THE UNITED STATES
     AN ACT
To provide for reconciliation pursuant to title II of S. Con. Res. 33.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   Secure America Act  .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Committee on Homeland Security and Governmental Affairs
Sec. 101. U.S. Customs and Border Protection personnel.
Sec. 102. U.S. Immigration and Customs Enforcement.
Sec. 103. Border security, technology, and screening.
Sec. 104. Additional Department of Homeland Security appropriations.
TITLE II—Committee on the Judiciary
Sec. 201. U.S. Customs and Border Protection.
Sec. 202. U.S. Immigration and Customs Enforcement.
Sec. 203. Additional Department of Homeland Security appropriations.
I
Committee on Homeland Security and Governmental Affairs
101.
U.S. Customs and Border Protection personnel
(a)
Personnel
In addition to amounts otherwise available, there is appropriated to the Commissioner of U.S. Customs and Border Protection for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $9,550,000,000, to remain available until September 30, 2029, to hire, pay, train, and equip Border Patrol agents and Border Patrol support personnel to conduct functions other than immigration enforcement and customs functions.
(b)
Restriction
None of the funds made available by subsection (a) may be used to recruit, hire, or train personnel for the duties of processing coordinators after October 31, 2028.
102.
U.S. Immigration and Customs Enforcement
In addition to amounts otherwise available, there is appropriated to the Director of U.S. Immigration and Customs Enforcement for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $7,450,000,000, to remain available until September 30, 2029, to hire, pay, train, and equip Homeland Security Investigations agents and support personnel and to provide other necessary expenses for Homeland Security Investigations’ mission support and operations and maintenance, of which $108,500,000 shall be used to hire, pay, and equip additional child exploitation investigators and forensics analysts at the Victim Identification Laboratory of the Child Exploitation Investigations Unit of Homeland Security Investigations and at the Homeland Security Investigations offices of the Special Agent in Charge to support the identification and rescue of victims of child sexual exploitation and abuse, and to train such personnel and State and local law enforcement regarding identifying victims of child sexual exploitation and abuse within the Homeland Security Investigations Cyber Crimes Center, except that funds provided in this section shall be used for functions other than those related to Homeland Security Investigations’ immigration enforcement and customs enforcement missions.
103.
Border security, technology, and screening
(a)
In general
In addition to amounts otherwise available, there is appropriated to the Commissioner of U.S. Customs and Border Protection for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2029, $3,450,000,000 for the following:
(1)
Procurement and integration of new nonintrusive inspection equipment and associated civil works, including artificial intelligence, machine learning, and other innovative technologies, as well as other mission support, to combat the entry or exit of illicit narcotics at ports of entry and along the southwest, northern, and maritime borders.
(2)
Air and Marine operations’ upgrading and procurement of new platforms for rapid air and marine response capabilities.
(3)
Upgrades and procurement of border surveillance technologies along the southwest, northern, and maritime borders.
(4)
Necessary expenses, including the deployment of technology, relating to the biometric entry and exit system under section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ).
(5)
Enhancing border security by combating drug trafficking, including fentanyl and its precursor chemicals, at the southwest, northern, and maritime borders.
(6)
Necessary expenses for U.S. Customs and Border Protection's mission support and operations and maintenance for functions other than those related to its immigration enforcement and customs missions.
(b)
Restrictions
None of the funds made available under subsection (a) may be used for the procurement or deployment of surveillance towers along the southwest border and northern border that have not been tested and accepted by U.S. Customs and Border Protection to deliver autonomous capabilities.
(c)
Definition of autonomous
In this section, with respect to capabilities, the term  autonomous  means a system designed to apply artificial intelligence, machine learning, computer vision, or other algorithms to accurately detect, identify, classify, and track items of interest in real time such that the system can make operational adjustments without the active engagement of personnel or continuous human command or control.
104.
Additional Department of Homeland Security appropriations
In addition to amounts otherwise available, there are appropriated to the Secretary of Homeland Security for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $2,500,000,000, to remain available until September 30, 2029, for the purposes provided in this title.
II
Committee on the Judiciary
201.
U.S. Customs and Border Protection
In addition to amounts otherwise available, there is appropriated to the Commissioner of U.S. Customs and Border Protection for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $13,020,000,000, to remain available until September 30, 2029, for hiring, paying, training, and equipping U.S. Customs and Border Protection agents, and the necessary support staff, and to provide other necessary expenses for U.S. Customs and Border Protection mission support and operations and maintenance, in order to carry out immigration enforcement activities.
202.
U.S. Immigration and Customs Enforcement
In addition to amounts otherwise available, there is appropriated to the Director of U.S. Immigration and Customs Enforcement for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $31,075,000,000, to remain available until September 30, 2029, for the following purposes:
(1)
Hiring, paying, and training
Hiring, paying, training, and equipping U.S. Immigration and Customs Enforcement personnel and the personnel for all its directorates, including officers, agents, investigators, attorneys and support staff, to carry out immigration enforcement activities.
(2)
Transportation
Funding for transportation costs and related costs associated with alien departure or removal operations.
(3)
Information technology
Funding for information technology maintenance and sustainment to support enforcement and removal operations, including improvements to fee collections and body-worn cameras.
(4)
Facility maintenance and sustainment
Funding for facility maintenance and sustainment to support enforcement and removal operations.
(5)
Fleet maintenance and sustainment
Funding for fleet maintenance and sustainment to support enforcement and removal operations.
(6)
287(g) agreements
Supporting coordination with state and local authorities by expanding, facilitating, and implementing agreements under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ).
(7)
Office of the principal legal advisor
Hiring and paying attorneys and the necessary support staff within the Office of the Principal Legal Advisor to represent the Department in immigration enforcement and removal proceedings.
(8)
Operation and maintenance
Necessary expenses for U.S. Immigration and Customs Enforcement's mission support, including awards, and operations and maintenance for its immigration enforcement functions.
(9)
Operations by U.S. Immigration and Customs Enforcement to arrest released covered unlawful aliens
(A)
In general
Not less than $350,000,000 for U.S. Immigration and Customs Enforcement for necessary expenses, in accordance with existing law, of detainer management, detainer issuance, custodial transfer, release monitoring, transportation, and arrests of covered unlawful aliens encountered in jurisdictions that are not qualified cooperating jurisdictions, except that no Indian tribal government shall be treated as a jurisdiction that is not a qualified cooperating jurisdiction for purposes of this subparagraph.
(B)
Qualified cooperating jurisdiction defined
In this paragraph, the term  qualified cooperating jurisdiction  means a State or political subdivision of a State that, as of the date of the enactment of this Act—
(i)
is party to a written agreement in effect under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); or
(ii)
has in effect, and has filed with the Secretary in such form and manner as the Secretary may prescribe, a certification that such State or political subdivision is in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1644 ).
(C)
Limitation on use of funds
None of the funds appropriated pursuant to this paragraph may be used, except as required by existing law, to release, parole, place on alternatives to detention, transport for purposes of release, or otherwise facilitate the release into the community of any covered unlawful alien encountered.
(D)
Covered unlawful alien defined
In this paragraph, the term  covered unlawful alien  means an adult alien who—
(i)
is described in section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) );
(ii)
is inadmissible under section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) );
(iii)
is deportable under section 237(a)(2) of such Act ( 8 U.S.C. 1227(a)(2) );
(iv)
following an arrest, charge, booking, or conviction for a criminal offense under Federal, State, or local law, other than a minor traffic offense, is the subject of an immigration detainer, notice request, or custody-transfer request issued by the Department of Homeland Security pursuant to section 236, 241(a), or 287 of such Act ( 8 U.S.C. 1226 , 1231(a), or 1357); or
(v)
has been charged with or convicted of an offense described in section 275 or 276 of such Act (8 U.S.C. 1325 or 1326).
203.
Additional Department of Homeland Security appropriations
In addition to amounts otherwise available, there is appropriated to the Secretary of Homeland Security for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $2,500,000,000, to remain available until September 30, 2029, for the purposes provided in this title or in paragraph (3) or (7) of section 100051 of  Public Law 119–21 .
  Speaker of the House of Representatives  Vice President of the United States and President of the Senate