Sponsors (12)
The bill lets DHS keep critical border and other functions operating during appropriations lapses by tapping unobligated balances, but it shifts spending discretion to the DHS Secretary and risks reduced transparency and potential downstream impacts on agency readiness.
Border communities and law enforcement: DHS can reallocate unobligated ICE/CBP funds during a funding lapse to keep mission-critical border security and immigration enforcement operations running.
Taxpayers and federal employees: The bill allows continuity of certain DHS functions during an appropriations lapse by using existing unobligated balances rather than waiting for new appropriations, reducing immediate service disruptions.
Federal employees and taxpayers: Funds moved under this authority are restricted from being used to fill vacant positions, limiting hiring-driven expansion during lapses and reducing the risk of temporary staffing growth funded outside the regular appropriations process.
Taxpayers and the public: The authority centralizes discretionary budget control in the DHS Secretary during lapses, reducing congressional oversight over how supplemental funds are allocated.
Law enforcement and border communities: Reallocating unobligated ICE/CBP balances could divert resources away from their original intended agencies, potentially reducing those agencies' readiness or operations once regular appropriations resume.
Taxpayers: Using unobligated balances to cover other DHS costs during a lapse can obscure the true fiscal impact of the lapse and complicate budget transparency and accountability.
Based on analysis of 1 section of legislative text.
Gives the DHS Secretary limited authority to transfer certain unobligated DHS funds during an appropriations lapse, excluding transfers to ICE, CBP, and the Office of the Secretary, and forbids using transfers to fill vacant positions.
Official title: To provide the Secretary of Homeland Security with the authority to transfer funds between accounts under the Department of Homeland Security during a lapse in appropriations, and for other purposes.
Introduced March 5, 2026 by Scott Peters · Last progress March 5, 2026
Allows the DHS Secretary to move certain unobligated DHS funds during a lapse in appropriations so DHS components (other than ICE, CBP, and the Office of the Secretary/Executive Management) can continue to operate. Transfers may not fund appointments to vacant DHS positions and apply only to unobligated amounts from specified appropriations under Public Law 119–21 for ICE and CBP and certain other DHS appropriations.