In the nature of a substitute.

SA 5453. Mr. GRAHAM proposed an amendment to the bill S. 2, to
provide for reconciliation pursuant to title II of S. Con. Res. 33.; as
follows:

Strike all after the enacting clause and insert the
following:

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) 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 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.

[[Page S2528]]

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 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
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).

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.
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