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.
- Sponsor
- Rep. Peters, Scott H. [D-CA-50]
- Committees
- Homeland Security Committee (primary)
- Last action
- Mar 6, 2026
Bottom line
H.R. 7844 aims to provide the Department of Homeland Security with limited financial flexibility to maintain operations during a government shutdown by allowing internal fund transfers, while also imposing restrictions on where those funds can go and how they can be used for personnel.
What it actually does
This bill grants the Secretary of Homeland Security the authority to transfer unobligated funds from specific prior appropriations (Public Law 119-21, including funds for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection) to other Department of Homeland Security (DHS) accounts during a lapse in appropriations. However, it explicitly prohibits transferring funds to the Office of the Secretary, ICE, or CBP, and forbids using transferred funds for new hiring within the Department.
Proponents argue
Supporters argue that this bill provides essential flexibility to the Department of Homeland Security, allowing it to maintain critical operations and services during a lapse in appropriations, thereby minimizing disruption to national security and public safety. They contend it's a pragmatic solution to ensure continuity of government functions when Congress fails to pass timely appropriations.
Opponents contend
Opponents may contend that this bill grants the executive branch undue authority to circumvent congressional appropriations power, potentially allowing funds to be redirected in ways not originally intended by lawmakers. Critics might also argue it could reduce the pressure on Congress to pass appropriations bills on time, thus normalizing government shutdowns.
The bill is very short and clearly written, making it highly accessible for any reader to understand its provisions quickly.
Section 1(a), 1(b), and 1(c)
Authority for DHS Fund Transfers During Appropriations Lapse
This provision empowers the Secretary of Homeland Security to reallocate existing, unspent funds from specific prior appropriations (namely, Public Law 119-21, including funds originally designated for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection) to other accounts within the Department during a government shutdown. Crucially, the bill explicitly forbids these transferred funds from being directed to the Office of the Secretary, ICE, or CBP, and prohibits their use for hiring new personnel. This mechanism is designed to allow DHS to sustain essential operations without new congressional action during a funding gap.
Supporters argue
Supporters argue this provision is a necessary tool to ensure the continuity of vital homeland security missions, such as border security, cybersecurity, and disaster response, even when Congress fails to pass appropriations. They contend it prevents unnecessary furloughs and operational halts that could compromise national safety and public trust.
Critics contend
Critics might argue that this provision erodes Congress's constitutional "power of the purse" by giving the executive branch too much discretion to reallocate funds without legislative approval during a shutdown. They may also express concern that it could lead to funds being diverted from their original intent, potentially weakening accountability and oversight.
Tradeoffs
This provision balances the need for executive branch operational continuity during funding impasses against the principle of legislative control over federal spending. It seeks to provide flexibility to maintain essential services while attempting to limit potential executive overreach through specific prohibitions on fund recipients and hiring.