S.Amdt. 5649

This amendment aims to add Section 204 to the bill, which places specific limitations and reporting requirements on how the Department of Homeland Security (DHS) uses its funds.

Funding Prohibitions

The amendment prohibits the use of funds for the following:

• Restraints on pregnant women: Prohibits restraints on women in DHS custody who are pregnant or recovering from delivery. Exceptions are made if an official determines the woman is a serious flight risk or a threat to herself or others, or if a medical professional deems therapeutic restraints necessary. If used, restraints must be the safest and least restrictive, cannot be used during active labor, cannot be face-down with four-point restraints, cannot be on the back, and cannot constrict the pregnancy area.

• Law enforcement delegations: Prohibits continuing law enforcement authority under section 287(g) of the Immigration and Nationality Act if the DHS Inspector General finds the governing agreement was materially violated.

• International presence: Prohibits reducing the number of ICE attaches or liaisons at U.S. embassies or consulates for international investigations or foreign law enforcement partnerships, unless the Secretary of Homeland Security and Secretary of State explain how it undermines foreign policy or the host country requests it.

• Detention contracts: Prohibits continuing contracts for detention services if the two most recent performance evaluations by the ICE Office of Professional Responsibility were less than "adequate."

Reporting and Accountability

The amendment adds several requirements for transparency and oversight:

• Financial Reporting: Requires the continued semimonthly submission of reports and the application of terms from the DHS Appropriations Acts of 2020 and 2021.

• ICE Obligation Plan: The Director of ICE must provide an initial written funding plan within 30 days, followed by monthly briefings and updates detailing expenditures, payroll, and operational costs.

• Detention Execution Plan: The Director of ICE must submit a written plan within 90 days detailing the location, bed count, and cost per bed of detention facilities, with quarterly updates.

Additional Provisions

• Blue Campaign: Mandates that at least $25,000,000 be used for Blue Campaign operations, including $5,000,000 for each fiscal year from 2026 through 2030.

• Fencing: Applies the prohibition of funds for constructing fencing in certain areas, as established in the DHS Appropriations Act, 2021.