Department of Homeland Security Appropriations Act, 2026
- Sponsor
- Rep. DeLauro, Rosa L. [D-CT-3]
- Committees
- Appropriations Committee (primary)
- Last action
- Feb 11, 2026
Bottom line
The bill provides comprehensive funding for the Department of Homeland Security for fiscal year 2026, alongside detailed directives and policy changes impacting its various components and broader federal operations.
What it actually does
This bill makes appropriations for the Department of Homeland Security (DHS) for the fiscal year ending September 30, 2026, allocating funds across various agencies including the Transportation Security Administration (TSA), Coast Guard, Secret Service, Cybersecurity and Infrastructure Security Agency (CISA), and Federal Emergency Management Agency (FEMA). It details specific funding levels for operations, procurement, research and development, and federal assistance programs, while also including numerous administrative provisions, oversight requirements, and policy riders affecting DHS operations and other federal entities.
Proponents argue
Supporters argue that this bill is essential for maintaining national security, protecting critical infrastructure, and ensuring effective disaster response capabilities. They would highlight the necessary investments in cybersecurity, border security, transportation safety, and support for state and local emergency services. Proponents would also point to the bill's robust oversight mechanisms and targeted funding for critical programs as evidence of responsible governance and strategic allocation of resources to address evolving threats.
Opponents contend
Opponents might contend that certain funding levels are either insufficient to meet critical needs or excessive, contributing to national debt. Concerns could be raised about specific policy riders included in an appropriations bill, arguing they bypass regular legislative scrutiny. Critics may also question the efficiency of some programs, the administrative burden of new reporting requirements, or the overall direction of DHS spending, particularly regarding issues like immigration enforcement or intelligence activities.
The bill is extensive and highly detailed, requiring a significant time commitment for a thorough review. Its complexity, numerous specific appropriations, and embedded policy provisions make it challenging for a casual reader to fully grasp its implications within a short timeframe.
Title I, Office of the Secretary and Executive Management
Office of the Secretary and Executive Management Appropriations
This provision appropriates $297,584,000 for the operations and support of the Office of the Secretary and executive management, and an additional $8,911,000 for procurement, construction, and improvements. A notable condition is that $5,000,000 will be withheld from obligation until the Secretary submits responses to all questions for the record regarding the fiscal year 2027 budget submission to the Appropriations Committees.
Supporters argue
Supporters argue that this funding is essential for the effective leadership and administration of the Department, ensuring strategic direction and efficient management across its diverse components. The withholding proviso strengthens congressional oversight, promoting accountability and transparency in budget processes.
Critics contend
Critics might argue that the overall funding level for executive management could be scrutinized for efficiency, or that the withholding of funds could potentially delay critical operations if budget questions are not promptly addressed.
Tradeoffs
The provision balances the need for executive operational funding with congressional demands for accountability and timely information, creating a tension between administrative flexibility and oversight rigor.
Title I, Office of Inspector General
Office of Inspector General Funding and Oversight Directives
This section appropriates $257,599,000 for the Office of Inspector General (OIG), with specific allocations of $20,000,000 for additional inspections and oversight of detention facilities and $12,814,000 for oversight of funds provided in Public Law 119-21. It also allows up to $300,000 for confidential operational expenses, including informant payments.
Title I, Sec. 106
Requirements for New Pilot or Demonstration Programs
This section mandates that no funds can be obligated for new DHS pilot or demonstration programs (exceeding 10 full-time equivalents or $5,000,000) unless documented objectives, an assessment methodology, and an implementation plan are in place. The Under Secretary for Management must report this information to Congress prior to obligation, and a post-completion report detailing lessons learned and future plans is also required.
Title II, Transportation Security Administration
Transportation Security Administration Appropriations
This section appropriates $10,635,434,000 for the Transportation Security Administration's (TSA) operations and support, with $300,000,000 remaining available until September 30, 2027. An additional $330,230,000 is provided for procurement, construction, and improvements, and $24,000,000 for research and development. The bill specifies that security service fees authorized under 49 U.S.C. 44940 will be credited as offsetting collections for aviation security, reducing the general fund appropriation.
Title II, Coast Guard
Coast Guard Appropriations and Modernization
This section allocates $11,272,401,000 for Coast Guard operations and support, including defense-related activities and environmental compliance. It also provides $991,872,000 for procurement, construction, and improvements, and $6,763,000 for research and development. An additional $1,249,000,000 is appropriated for retired pay. Section 211 further provides $98,000,000 for MQ-9 aircraft procurement but prohibits funds for long-range unmanned aircraft with kinetic capabilities.
Title II, United States Secret Service
United States Secret Service Appropriations and Overtime Pay Adjustments
This section appropriates $3,128,304,000 for the United States Secret Service (USSS) operations and support, including funds for vehicle purchases, protective functions, and a $6,000,000 grant for missing and exploited children investigations. It also allows up to $33,000,000 for calendar year 2025 premium pay in excess of statutory limits. Section 218 further amends prior law to adjust premium pay limitations for USSS personnel and mandates annual reports on staffing and overtime demands.
Title III, Cybersecurity and Infrastructure Security Agency
Cybersecurity and Infrastructure Security Agency Appropriations
This section appropriates $2,218,634,000 for the Cybersecurity and Infrastructure Security Agency (CISA) operations and support, with some funds remaining available until September 30, 2027. An additional $386,464,000 is provided for procurement, construction, and improvements. Section 301 allows funds to be used for procuring or providing access to cybersecurity threat feeds for various federal, state, local, tribal, territorial, and private sector entities.
Title III, Federal Emergency Management Agency
Federal Emergency Management Agency Appropriations and Grant Programs
This section appropriates $1,667,038,000 for FEMA operations and support, and $156,419,000 for procurement, construction, and improvements. It further allocates $3,836,748,513 for various federal assistance grants, including State Homeland Security, Urban Area Security Initiative, Nonprofit Security, Public Transportation Security, Port Security, Assistance to Firefighter, Staffing for Adequate Fire and Emergency Response, Emergency Management Performance, Flood Hazard Mapping, Emergency Food and Shelter, and Community Project Funding.
Title III, Disaster Relief Fund
Disaster Relief Fund Appropriation
This section appropriates $26,367,000,000 for the Disaster Relief Fund (DRF), to remain available until expended. This amount is specifically designated for major disasters declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and is classified as disaster relief pursuant to a concurrent resolution on the budget.
Title III, Sec. 313
FEMA Interactive Dashboard for Disaster Reimbursement Requests
This section mandates that the FEMA Administrator post an interactive dashboard on its public website. This dashboard must display all requests for reimbursement for covered expenses related to individual or public assistance under Stafford Act disaster declarations, delineated by state and amount. The information must be posted within 90 days of receipt by FEMA and within 60 days of being under final review by DHS.
Title IV, U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services Appropriations
This section appropriates $122,941,000 for U.S. Citizenship and Immigration Services (USCIS) operations and support, including for the E-Verify Program. These funds are in addition to other amounts made available and are not intended to reduce fees described in section 286(m) of the Immigration and Nationality Act.
Title IV, Federal Law Enforcement Training Centers
Federal Law Enforcement Training Centers Appropriations
This section appropriates $379,837,000 for the Federal Law Enforcement Training Centers (FLETC) operations and support, with $75,551,000 remaining available until September 30, 2027. An additional $18,300,000 is provided for procurement, construction, and improvements, available until September 30, 2030. Section 407 classifies FLETC instructor staff functions as inherently governmental.
Title IV, Science and Technology Directorate
Science and Technology Directorate Appropriations
This section appropriates $352,802,000 for the Science and Technology (S&T) Directorate's operations and support, with $201,183,000 remaining available until September 30, 2027. It also provides $51,500,000 for procurement, construction, and improvements, and $426,904,000 for research and development, available until September 30, 2028.
Title V, Sec. 503
Reprogramming and Transfer Limitations
This section establishes strict limitations on the reprogramming and transfer of funds within DHS. It prohibits reprogramming that creates/eliminates programs, contracts out federal functions, augments/reduces funding by more than $5,000,000 or 10% (whichever is less), or reduces personnel by 10% or more, without 30 days advance notification to Congress. It also prohibits transfers to U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) and restricts notifications after June 15.
Title V, Sec. 513
Restriction on DHS Reorganization Authority
This section prohibits the use of funds to carry out Section 872 of the Homeland Security Act of 2002 (which grants the Secretary broad reorganization authority) unless explicitly authorized by Congress after the bill's enactment. Exceptions are made for reallocating functions of the Assistant Secretary for the Countering Weapons of Mass Destruction (CWMD) Office to other DHS units, consistent with the accompanying explanatory statement.
Title V, Sec. 514
Prohibition on National Identification Card Development
This section explicitly prohibits the use of any funds made available in this Act for planning, testing, piloting, or developing a national identification card.
Title V, Sec. 527
Restrictions on Restraints for Pregnant Women in DHS Custody
This section prohibits the use of restraints on pregnant women in DHS custody (including during transport, in detention, or at medical facilities) or those in post-delivery recuperation. Exceptions are allowed only if an individualized determination is made that the woman is a serious flight risk or poses an immediate threat, or if a medical professional deems therapeutic restraints appropriate for medical safety. Even then, only the safest and least restrictive restraints may be used, and no restraints are permitted during active labor or delivery, or in positions that constrict the pregnancy area.
Title V, Sec. 536
Prohibition on Transfer of Guantanamo Bay Detainees
This section prohibits the use of any funds appropriated or made available in this or any other Act to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, Khalid Sheikh Mohammed or any other non-U.S. citizen detainee held at Guantanamo Bay, Cuba, on or after June 24, 2009.
Title V, Sec. 544
Appropriation for Supreme Court Salaries and Expenses
This section appropriates an additional $30,000,000 for 'The Judiciary—Supreme Court of the United States—Salaries and Expenses,' to remain available until September 30, 2028. These funds are subject to the same authorities and conditions as if they were provided under the heading 'The Judiciary—Supreme Court of the United States—Salaries and Expenses' in the Financial Services and General Government Appropriations Act, 2026.
Title V, Sec. 545
FAA Air Traffic Controller Pay Increase
This section appropriates $140,000,000 for 'Department of Transportation—Federal Aviation Administration—Operations' for air traffic organization activities, available until September 30, 2027. These funds are specifically for a 3.8 percent pay increase for air traffic controllers and their supervisors/managers for calendar year 2026. This increase is contingent on the Administrator determining that improvements in workforce scheduling, staffing utilization, or other operational efficiencies are achieved to address workforce shortfalls and enhance aviation safety.
Title V, Sec. 547, 548, 549
Rescissions of Unobligated Balances
These sections collectively rescind $90,255,000 from various unobligated balances across several DHS components (e.g., Management Directorate, CBP, CISA), $111,723,055 from unobligated balances of FY2024 'Operations and Support' funds for various DHS components, and $2,362,000 from the 'Department of Homeland Security Nonrecurring Expenses Fund.' These rescissions target funds from prior appropriations acts that have not yet been obligated.
Prohibits the Office of Intelligence and Analysis (OIA) from conducting a 'covered activity' as defined by section 6303 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118-159).
Title I, Sec. 107
Why it matters:This is standard legislative practice for referencing definitions or existing statutory provisions, but it makes the immediate impact of the prohibition less transparent to a reader without access to the referenced law.
Case for: Supporters would argue that referencing existing law ensures consistency and avoids redundancy, while the prohibition itself is a necessary safeguard against potential overreach by intelligence agencies.
Case against: Critics might argue that requiring external research to understand a core prohibition reduces transparency and makes it difficult for the public and even some policymakers to fully grasp the limitations placed on OIA.
Estimated impact: Restricts the scope of OIA's intelligence activities, potentially impacting its operational methods and targets.
Amends Section 118 of the Treasury and General Government Appropriations Act, 2001, to modify the premium pay limitation for Secret Service personnel, specifically adding a clause for 2024 that links the aggregate amount to the per annum rate of salary payable under section 104 of title 3, United States Code, and makes this amendment effective retroactively as if enacted on December 31, 2023.
Title II, Sec. 218(a) and (b)
Why it matters:Amending prior law is a common legislative technique. The retroactive effect is a tactical choice to address a past compensation issue, which might be less visible than a forward-looking policy change.
Case for: Supporters would argue that the retroactive amendment is necessary to fairly compensate Secret Service personnel for past overtime work, addressing a critical retention and morale issue for a demanding profession.
Case against: Critics might raise concerns about the use of retroactive legislation, which can create administrative complexities and set precedents for future compensation adjustments outside of regular budget cycles.
Estimated impact: Potentially increases premium pay for Secret Service personnel for a past period, impacting the federal budget and personnel compensation policies.
Amends Section 16005(c) of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to extend its applicability until September 30, 2026.
Title V, Sec. 539
Why it matters:Extending existing law through an amendment in an appropriations bill is a common way to continue policies without a full re-evaluation. Its placement in general provisions makes it less prominent than a new, standalone policy.
Case for: Proponents would argue that the extension of this CARES Act provision is necessary to continue vital support or flexibility that remains relevant beyond the original pandemic context, ensuring continuity of essential services or programs.
Case against: Critics might argue that extending a pandemic-era provision without a thorough re-evaluation in standalone legislation is an inappropriate use of an appropriations bill, potentially perpetuating policies that are no longer necessary or fiscally prudent.
Estimated impact: Continues the effects of a specific CARES Act provision for an additional year, potentially involving significant federal spending or policy flexibility related to the pandemic response.
Specifies that the explanatory statement printed in the House Congressional Record on January 22, 2026, pages H1661 through H1733, has the same effect as a joint explanatory statement, *except* for language and amounts printed under the headings 'U.S. Customs and Border Protection' and 'U.S. Immigration and Customs Enforcement' and in the Comparative Statement of New Budget Authority for such agencies.
Title V, Sec. 551
Why it matters:This is a tactical maneuver. The exclusion of CBP and ICE sections from the legal force of the explanatory statement suggests a lack of consensus or ongoing disputes regarding these agencies' funding or directives, allowing for different interpretations or future negotiations outside the formal legal weight of the explanatory statement.
Case for: Proponents might argue this allows for flexibility in addressing contentious issues related to CBP and ICE, potentially facilitating overall passage of the omnibus bill by deferring or isolating disagreements on these specific agencies.
Case against: Critics would argue that this carve-out reduces transparency and clarity for two highly scrutinized agencies, making it harder for the public and even Congress to understand the true intent and directives behind their funding, potentially leading to future disputes.
Estimated impact: Significantly alters the legal interpretation and implementation guidance for CBP and ICE funding, potentially affecting their operations and accountability.