Text of Senate Amendment 5649

On 2026-06-04, Senator Patty Murray (D-WA) delivered a floor speech titled "Text Of Senate Amendment 5649" in the Senate.

Text of Senate Amendment 5649

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2602-S2603] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5649. Mrs. MURRAY (for herself and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 5453 proposed by Mr. Graham to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; which was ordered to lie on the table; as follows: At the end of the amendment, add the following: SEC. 204. LIMITATIONS ON FUNDS FOR DEPARTMENT OF HOMELAND SECURITY. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act or by any other Act, including prior Acts and laws other than appropriations Acts, may be used for any of the following: (1) To place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation, except that-- (A) such prohibition shall not apply if-- (i) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman-- (I) is a serious flight risk, and such risk cannot be prevented by other means; or (II) poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (ii) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman; and (B) if a pregnant woman is restrained pursuant to subparagraph (A)-- (i) only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used; (ii) in no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy; and (iii) a pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side. (2) To continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Inspector General of the Department of Homeland Security determines that the terms of the agreement governing the delegation of authority have been materially violated. (3) To reduce the presence of U.S. Immigration and Customs Enforcement attaches or liaisons at international U.S. embassies or consulates for the purposes of international investigations or partnerships with foreign law enforcement, except that such prohibition shall not apply to a reduction of presence in a specific country if-- (A) the Secretary of Homeland Security, in collaboration with the Secretary of State, provides a written explanation of how maintaining a collaborative investigatory presence in a specific country undermines U.S. foreign policy interests in that country to the appropriate Committees of the House of Representatives and the Senate; or (B) such country requests the cessation of collaborative law enforcement activities performed by the attache or liaison stationed at the embassy or consulate to their country. (4) To continue any contract for the provision of detention services if the two most recent overall performance evaluations, which shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility, received by the contracted facility are less than ``adequate'' or the equivalent median score in any subsequent performance evaluation system. (b) The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116-260) shall continue to be submitted semimonthly and shall apply to funds appropriated or otherwise made available to the Department of Homeland Security by this Act or any other Act, including prior Acts and laws other than appropriations Acts, and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216. (c) The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116-93) shall apply to this Act or any other Act, including prior Acts and laws other than appropriations Acts. (d)(1) Not later than 30 days after the date of enactment of this Act, the Director of U.S. Immigration and Customs Enforcement shall provide a briefing and submit an initial, written obligation plan for funding provided for the activities of U.S. Immigration and Customs Enforcement as appropriated or otherwise made available to the Department of Homeland Security by this Act or any other Act, including prior Acts and laws other than appropriations Acts, to the appropriate Committees of the House of Representatives and the Senate, which shall-- (A) be delineated by month, program, project, and activity, and pay and non-pay requirements; (B) incorporate and delineate all funding sources available to U.S. Immigration and Customs Enforcement, to include unobligated carryover balances and fees; and (C) contain data-driven assumptions for major contract costs, projected personnel levels, and operational and policy considerations. (2) The Director of U.S. Immigration and Customs Enforcement shall provide monthly briefings and written updates to the plan required in paragraph (1), which shall include, at a minimum, the following information as of the conclusion of the preceding month-- (A) actual obligations and expenditures, including prior year; (B) carryover from prior year unobligated balances; (C) resource projections for the remainder of the fiscal year; (D) payroll projections for the remainder of the fiscal year, based on forecasted gains and losses; (E) identification of any contracts with a period of performance extending beyond the current fiscal year; (F) obligations and expenditures for specific domestic and international investigative mission areas, including countering fentanyl and child exploitation; (G) the rate of operations for the custody operations, alternatives to detention, and transportation and removal operations programs, projects, and activities, which shall include a projection of the exhaustion of funds based on current resources and operational levels; and (H) the initial obligation plan as described in paragraph (1), displayed unchanged for the purposes of comparison. (3) The monthly updates required by paragraph (2) shall be submitted no later than 15 days after the beginning of the month following the submission of the initial obligation plan as described in paragraph (1). (e)(1) Not later than 90 days after the date of enactment of this Act, the Director of U.S. Immigration and Customs Enforcement shall submit to the appropriate Committees of the House of Representatives and the Senate a written execution plan for the funding appropriated or otherwise made available to the Department of Homeland Security by this Act or any other Act, including prior Acts and laws other than appropriations Acts, for detention facilities, to include the following elements: (A) the location, number of beds, and estimated cost per bed of each detention facility utilized by or on behalf of U.S. Immigration and Customs Enforcement in the preceding quarter; (B) the location, number of beds, and estimated cost per bed of each detention facility projected to be utilized by or on behalf of U.S. Immigration and Customs Enforcement in the subsequent quarter; (C) the total number of beds projected to be utilized by or on behalf of U.S. Immigration and Customs Enforcement through the end of the fiscal year; (D) any associated increase or decrease in transportation and removal operations cost estimates associated with subparagraphs (A), (B), and (C) of this paragraph, to include removal flights; and (E) a general overview of the desired geographic end-state for detention facilities, any new operational models or strategies related to detention capacity that will be utilized, and a comparison of current detention capacity against projected end-state capacity. (2)(A) Subsequent to the submission of the written execution plan provided in paragraph (1), the Director of U.S. Immigration and Customs Enforcement shall provide to the Committees on Appropriations of the House of Representatives and the Senate a briefing and written update to such execution plan not later than 30 days following the end of each fiscal quarter; and (B) each briefing and written update described in subparagraph (A) shall include a review of the execution of funds for the most recently completed quarter, a comparison of the actual execution of funds in relation to the planned execution of funds, and any remedial actions taken in the case of a failure to execute funding in accordance with the [[Page S2603]] initial execution plan as described in paragraph (1); and (3) The initial execution plan described in paragraph (1) shall be displayed unchanged for purposes of comparison in the briefings and written updates described in paragraph (2). (f)(1) Not less than $25,000,000 made available by this Act for the Department of Homeland shall be used to support and conduct necessary operations of the Blue Campaign, including $5,000,000 for each of the fiscal years 2026 through 2030. (2) Prior to the obligation of funds made available by paragraph (1), notification shall be submitted to the appropriate Committees of the House of Representatives and the Senate. (g) In this section, the term ``appropriate Committees of the House of Representatives and the Senate'' includes-- (1) the