Sponsors (12)
The bill preserves DHS mission-critical and border-security operations during funding lapses by allowing reallocation of unobligated funds, at the cost of greater executive discretion, reduced congressional oversight, and potential fiscal opacity or resource diversion from intended agencies.
Border communities and law enforcement: DHS can reallocate unused ICE/CBP unobligated funds during a funding lapse to keep mission-critical border-security operations running.
Taxpayers and federal employees: The bill allows continuity of certain DHS functions during an appropriations lapse by using existing unobligated balances, reducing immediate service disruptions without new appropriations.
Federal employees: Funds reallocated under this authority may not be used to fill vacant DHS positions, limiting hiring-driven expansion during funding lapses.
Taxpayers and Congress: The authority concentrates budget control in the DHS Secretary during lapses, reducing congressional oversight over how supplemental funds are spent.
Law enforcement and border communities: Reallocating unobligated balances away from ICE or CBP could reduce those agencies' readiness or operations once regular appropriations resume.
Taxpayers: Using unobligated balances to cover costs during a lapse can obscure the true fiscal impact of a lapse and weaken budget transparency.
Based on analysis of 1 section of legislative text.
Allows the DHS Secretary to move certain unobligated DHS funds during a lapse in appropriations, with limits on recipients and a ban on using transferred funds to fill vacant positions.
Introduced March 5, 2026 by Scott Peters · Last progress March 5, 2026
Allows the Homeland Security Secretary to move certain unused DHS funds around inside the department during a lapse in appropriations so needed accounts can keep operating. Transfers can use unobligated amounts from specific appropriations made under Public Law 119–21, but cannot be sent to the Office of the Secretary and Executive Management, ICE, or CBP, and transferred funds cannot be used to appoint people to vacant DHS positions.