Technical corrections only. The engrossed version (v2) includes procedural updates such as the "Passed the House of Representatives" attestation. There are no substantive policy changes between the introduced (v1) and engrossed (v2) versions of the bill.
Pay Our Homeland Defenders Act
- Sponsor
- Rep. Ciscomani, Juan [R-AZ-6]
- Committees
- Budget Committee (primary)
- Last action
- Apr 2, 2026
Bottom line
This comprehensive bill funds the Department of Homeland Security for fiscal year 2026, while also enacting specific policy directives, addressing prior appropriations, and retroactively covering a government shutdown.
What it actually does
This Act makes appropriations for the Department of Homeland Security (DHS) for the fiscal year ending September 30, 2026, funding various components such as U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the Coast Guard, and the Federal Emergency Management Agency. It also includes numerous administrative provisions, policy directives, reporting requirements, and rescissions of prior year funds. Additionally, Division B provides further continuing appropriations, addresses a recent lapse in appropriations, and includes appropriations for the Supreme Court and the Federal Aviation Administration.
Proponents argue
Supporters argue that this bill ensures the continued operation and funding of critical national security and public safety functions, including border security, immigration enforcement, cybersecurity, disaster preparedness, and the protection of national leaders. They would emphasize the importance of stable funding for essential government operations and the inclusion of provisions designed to improve accountability and oversight within DHS.
Opponents contend
Critics might contend that the bill contains controversial policy riders unrelated to the core appropriations, potentially over- or under-funds certain agencies, or includes provisions that could lead to unintended consequences in immigration enforcement or civil liberties. Concerns could also be raised about the transparency of the appropriations process, given the reliance on an external explanatory statement for detailed allocations.
The bill is lengthy and complex, requiring significant time for a thorough review, which may be challenging given typical legislative timelines for omnibus bills.
Title I, Office of the Secretary and Executive Management
Funding for Office of the Secretary and Executive Management
This provision appropriates $316,295,000 for the operations and support of the Office of the Secretary and Executive Management within DHS. It specifies that $14,050,000 for the Office of Health Security and $8,000,000 for the Office of Strategy, Policy, and Plans will remain available until September 30, 2027. A condition is placed on $5,000,000 of these funds, requiring the Secretary to submit responses to all questions for the record regarding the fiscal year 2027 budget submission before July 1.
Supporters argue
Proponents argue this funding is essential for the effective leadership, strategic planning, and overall management of the Department of Homeland Security, ensuring critical oversight and health security functions are maintained.
Critics contend
Critics might argue that conditional funding mechanisms can create administrative burdens or that specific allocations within executive management could be scrutinized for efficiency.
Tradeoffs
The provision balances the need for executive operational funding with congressional demands for accountability and timely information regarding future budget submissions.
Title I, Office of Inspector General
Funding for Office of Inspector General and Detention Oversight
This section allocates $257,599,000 for the operations and support of the Office of Inspector General (OIG). Notably, $20,000,000 is specifically designated for additional inspections and oversight of detention facilities, remaining available until September 30, 2027. An additional $12,814,000 is provided for oversight of funds from Public Law 119-21, and up to $300,000 is available for confidential operational expenses.
Title I, Sec. 107
Limitations on Office of Intelligence and Analysis Activities
This section prohibits the Office of Intelligence and Analysis (I&A) of DHS from conducting a 'covered activity' as defined by section 6303 of the Intelligence Authorization Act for Fiscal Year 2025 (Public Law 118-159). However, it clarifies that this does not limit legal, privacy, civil rights, or civil liberties oversight, nor does it prohibit I&A personnel from sharing or receiving intelligence information with various governmental or private sector entities.
Title II, U.S. Customs and Border Protection
Funding for U.S. Customs and Border Protection Operations
This section appropriates $17,727,974,000 for U.S. Customs and Border Protection (CBP) operations and support for FY2026. This includes funds for transportation of unaccompanied alien minors, air and marine support, vehicle purchases, and other operational expenses. Specific amounts are derived from the Harbor Maintenance Trust Fund and Customs User Fee Account. $550,000,000 of these funds remain available until September 30, 2027.
Title II, U.S. Immigration and Customs Enforcement
Funding for U.S. Immigration and Customs Enforcement Operations
This section appropriates $10,036,362,000 for U.S. Immigration and Customs Enforcement (ICE) operations and support for FY2026. This includes funds for Homeland Security Investigations (HSI), with specific allocations for combating forced child labor, intellectual property rights violations, and special operations. It also funds Enforcement and Removal Operations (ERO), including care and repatriation of smuggled aliens.
Title II, Sec. 210
Prohibition on Non-Autonomous Surveillance Systems for CBP
This section prohibits the use of funds made available for Border Security Assets and Infrastructure under CBP's Procurement, Construction, and Improvements heading for the procurement or deployment of surveillance systems that are not autonomous, as defined in section 90004 of Public Law 119-21.
Title II, Sec. 211
Policy for Pregnant Individuals in CBP Custody
This section mandates that the Secretary of Homeland Security ensure the November 30, 2021, CBP policy statement titled 'Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody,' or substantively similar standards developed with maternal and pediatric health experts, are in effect and fully implemented. The goal is to safeguard the health, safety, and rights of pregnant women in CBP custody.
Title II, Sec. 213
ICE Detention Facility Contract Performance Requirements
This section prohibits the use of funds for U.S. Immigration and Customs Enforcement (ICE) operations and support to continue any contract for detention services if the contracted facility has received two most recent overall performance evaluations of less than 'adequate' or the equivalent median score in any subsequent evaluation system. These evaluations must be conducted by the ICE Office of Professional Responsibility.
Title II, Coast Guard
Funding for Coast Guard Operations and Procurement
This section appropriates $11,272,401,000 for Coast Guard operations and support, including defense-related activities, environmental compliance, and depot level maintenance. Additionally, $991,872,000 is appropriated for procurement, construction, and improvements, including vessels and aircraft, with funds remaining available until September 30, 2030. Specific amounts are derived from the Oil Spill Liability Trust Fund.
Title II, Sec. 230(b)
Prohibition on Kinetic Capabilities for Unmanned Aircraft
This subsection prohibits the use of any funds made available to the Department of Homeland Security in this or any prior Act to procure or acquire long-range unmanned aircraft with kinetic capabilities or to equip any long-range unmanned aircraft with kinetic capabilities.
Title II, United States Secret Service
Funding for United States Secret Service Operations
This section appropriates $3,128,304,000 for the operations and support of the United States Secret Service (USSS). This includes funds for protective functions, investigations, vehicle purchases, and a grant for activities related to investigations of missing and exploited children. Up to $33,000,000 is allocated for calendar year 2025 premium pay in excess of annual limitations for protective services personnel.
Title III, Cybersecurity and Infrastructure Security Agency
Funding for Cybersecurity and Infrastructure Security Agency Operations
This section appropriates $2,218,634,000 for the operations and support of the Cybersecurity and Infrastructure Security Agency (CISA). This funding is for purposes specified in the explanatory statement, with amounts for Risk Management Operations and the National Infrastructure Simulation Analysis Center remaining available until September 30, 2027. It also includes $386,464,000 for procurement, construction, and improvements.
Title III, Federal Emergency Management Agency
Funding for FEMA Operations and Federal Assistance Programs
This section appropriates $1,667,038,000 for FEMA operations and support, and $3,836,748,513 for federal assistance programs. These assistance funds are allocated across various 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, Regional Catastrophic Preparedness, High Hazard Potential Dams, Emergency Food and Shelter, Next Generation Warning System, and Community Project Funding/Congressionally Directed Spending.
Title III, Disaster Relief Fund
Appropriation for the Disaster Relief Fund
This section appropriates $26,367,000,000 to the Disaster Relief Fund, to remain available until expended. This amount is specifically designated for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and is designated by Congress as being for disaster relief pursuant to a concurrent resolution on the budget.
Title IV, U.S. Citizenship and Immigration Services
Funding for U.S. Citizenship and Immigration Services Operations
This section appropriates $122,941,000 for the operations and support of U.S. Citizenship and Immigration Services (USCIS), including the E-Verify Program. These funds are in addition to any other amounts made available and are not to be construed as requiring a reduction of any fee described in section 286(m) of the Immigration and Nationality Act.
Title IV, Science and Technology Directorate
Funding for Science and Technology Directorate
This section appropriates $352,802,000 for the operations and support of the Science and Technology Directorate (S&T), with $201,183,000 remaining available until September 30, 2027. It also provides $51,500,000 for procurement, construction, and improvements (available until September 30, 2030) and $426,904,000 for research and development (available until September 30, 2028).
Title V, Sec. 503
Reprogramming and Transfer Limitations
This section sets strict limitations on the reprogramming and transfer of funds within DHS. Funds cannot be reprogrammed to create or eliminate programs, contract out federal functions, augment existing programs by more than $5,000,000 or 10 percent, or reduce funding/personnel by 10 percent or more without 30-day advance notification to Congress. It also prohibits reprogramming based on initial notifications after June 15, for grant programs, or to create new programs not approved by Congress.
Title V, Sec. 527
Prohibition on Restraints for Pregnant Women in DHS Custody
This section generally prohibits the use of restraints on pregnant women in DHS custody (including during transport, in detention, or at medical facilities) or during post-delivery recuperation. Exceptions are allowed if an official makes an individualized determination of serious flight risk or immediate threat to self/others, or if a medical professional deems therapeutic restraints medically appropriate. Even then, only the safest and least restrictive restraints may be used, and restraints are prohibited during active labor/delivery or in positions that constrict the pregnancy area.
Title V, Sec. 535
Prohibition on Contracts with Certain Entities
This section prohibits any federal funds made available to DHS from being used to enter into procurement contracts, memoranda of understanding, cooperative agreements, grants, loans, or guarantees with any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any subsidiary of such entity.
Title V, Sec. 536
Prohibition on Transfer or Release of Guantanamo 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 detainee who is not a U.S. citizen or Armed Forces member and was held at Guantanamo Bay on or after June 24, 2009, by the Department of Defense.
Title V, Sec. 537 & 538
Monthly Estimates of Migrant Arrivals, Detentions, and Removals
These sections require the Secretary of Homeland Security to develop monthly estimates of anticipated migrant arrivals at the southwest border (Sec. 537) and individuals anticipated to be detained and removed from the U.S. (Sec. 538). These estimates must cover the current and following fiscal year, include demographic breakouts, undergo independent validation, inform policy/budgeting, and be included in budget materials submitted to Congress. Failure to provide these estimates suspends reprogramming and transfer authority.
Title V, Sec. 547
Congressional Oversight Access to DHS Facilities
This section prohibits the use of funds to prevent Members of Congress or their designated employees from entering DHS facilities used to detain or house aliens for oversight purposes. It also prohibits temporary modifications to facilities that alter what would be observed during such a visit. While Members do not need prior notice, designated employees may be required to provide 24-hour advance notice.
Title V, Sec. 548
Additional Appropriation for Supreme Court of the United States
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 provided under the Financial Services and General Government Appropriations Act, 2026.
Title V, Sec. 549
Additional Appropriation for FAA Air Traffic Organization Activities
This section appropriates an additional $140,000,000 for 'Department of Transportation-Federal Aviation Administration-Operations' for air traffic organization activities, to remain available until September 30, 2027. These funds are specifically for a 3.8 percent pay increase for calendar year 2026 for air traffic controllers and their supervisors/managers, conditional on the Administrator determining improvements in workforce scheduling, staffing utilization, or other operational efficiencies that address shortfalls and enhance safety.
Division B
Further Additional Continuing Appropriations Act, 2026
This division clarifies that the Continuing Appropriations Act, 2026 (Public Law 119-37) is considered to include a period of lapse in appropriations that occurred around February 13, 2026. It makes funds available for personnel pay, allowances, and benefits during this lapse and ratifies all obligations incurred during this period for essential activities to protect life and property or for orderly termination of government functions.
Prohibits the Office of Intelligence and Analysis (I&A) 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).
Sec. 107(a)
Why it matters:This is standard legislative practice for incorporating definitions from other statutes, but it makes the immediate impact of the provision less transparent to a reader without access to the referenced law.
Case for: Supporters would argue that referencing existing law ensures consistency and avoids redundant definitions, streamlining legislative text.
Case against: Critics might argue that such cross-references reduce the accessibility and self-contained nature of the bill, making it harder for the public to understand without specialized legal research.
Estimated impact: Restricts specific intelligence activities within DHS I&A, impacting its operational scope.
Prohibits the use of funds for CBP to procure or deploy surveillance systems that are not autonomous, as defined in section 90004 of Public Law 119-21.
Sec. 210
Why it matters:This is standard legislative drafting for consistency across statutes, but it obscures the immediate meaning of 'autonomous' for a casual reader.
Case for: Proponents would state that this ensures CBP's technology acquisitions align with a specific, previously established definition of autonomous systems, promoting consistency in federal policy.
Case against: Opponents might argue that requiring external lookup for a key definition makes the bill less transparent and could lead to misinterpretations of the procurement restrictions.
Estimated impact: Directs CBP's future surveillance technology procurements towards autonomous systems, impacting technology vendors and border security strategies.
Amends section 118 of the Treasury and General Government Appropriations Act, 2001 (5 U.S.C. 5547 note) to modify the limitation on Secret Service overtime compensation for 2024, making the amendment effective as if enacted on December 31, 2023.
Sec. 237(a) and (b)
Why it matters:The use of a note amendment and retroactive application can be a tactical choice to address specific, time-sensitive issues without altering the main body of the U.S. Code, but it can also make the change less visible.
Case for: Proponents would argue this is necessary to address specific compensation issues for Secret Service personnel for a past period, ensuring fair pay for demanding protective duties.
Case against: Critics might raise concerns about retroactive legislation, arguing it can create legal complexities or bypass standard legislative review processes for current-year policy.
Estimated impact: Adjusts overtime pay limits for Secret Service personnel for calendar year 2024, potentially increasing compensation for those who exceeded previous limits.
Prohibits funds from being used to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by Congress after the date of enactment. However, it creates exceptions for allocating or reallocating functions of the Assistant Secretary for the Countering Weapons of Mass Destruction Office to other offices and units within DHS, consistent with the 'Countering Weapons of Mass Destruction' table in the explanatory statement.
Sec. 513(a) and (b)
Why it matters:This is a tactical maneuver to exert congressional control over executive reorganization authority while simultaneously allowing for specific, pre-negotiated reorganizations to proceed, with the details hidden in an external document to avoid direct statutory language that might be more contentious.
Case for: Proponents would argue this ensures congressional oversight over significant departmental reorganizations, preventing unilateral executive actions, while still allowing for necessary administrative adjustments as detailed in the explanatory statement.
Case against: Critics might contend that relying on an external explanatory statement for such critical details undermines transparency and accountability, making it difficult for the public and even many members of Congress to understand the full implications of the reorganization.
Estimated impact: Limits the Secretary's general reorganization authority but permits specific reorganizations related to the Countering Weapons of Mass Destruction Office, the details of which are outside the bill text.
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.
Sec. 543
Why it matters:This is a common legislative technique for extending existing authorities without re-litigating the original policy. However, it makes the substantive effect of the extension opaque to a casual reader.
Case for: Proponents would argue this ensures continuity for a necessary provision from the CARES Act, allowing for its continued operation without interruption.
Case against: Critics might argue that extending provisions from past emergency legislation without re-evaluation or explicit detail in the current bill reduces transparency and accountability.
Estimated impact: Extends an unspecified provision of the CARES Act related to emergency aid or relief for an additional fiscal year.