S. 2

[119th Congress Public Law 98]
[From the U.S. Government Publishing Office]

[[Page 140 STAT. 837]]

Public Law 119-98
119th Congress

An Act

To provide for reconciliation pursuant to title II of S. Con. Res. 
33. <<NOTE: June 10, 2026 - [S. 2]>> 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Secure America 
Act. Budget.>> 
SECTION 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.

TITLE I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

SEC. 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) <<NOTE: Expiration date.>> 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.
SEC. 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

[[Page 140 STAT. 838]]

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.
SEC. 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

[[Page 140 STAT. 839]]

operational adjustments without the active engagement of personnel or 
continuous human command or control.
SEC. 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.

TITLE II--COMMITTEE ON THE JUDICIARY

SEC. 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.
SEC. 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

[[Page 140 STAT. 840]]

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

[[Page 140 STAT. 841]]

(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).
SEC. 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.

Approved June 10, 2026.

LEGISLATIVE HISTORY--S. 2:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 172 (2026):
June 3, 4, considered and passed Senate.
June 9, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2026):
June 10, Presidential remarks.

<all>