Overview
The Department of Homeland Security Appropriations Act, 2026 provides comprehensive funding for all components of the Department of Homeland Security for fiscal year 2026. This legislation establishes appropriations for operations, support, procurement, construction, improvements, and disaster relief across multiple DHS agencies including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the Coast Guard, the Federal Emergency Management Agency, the Cybersecurity and Infrastructure Security Agency, and the United States Secret Service. The Act also includes the Pay Our Homeland Defenders Act provisions and establishes detailed requirements for fund management, reporting, and congressional oversight. Beyond simple appropriations, the legislation implements policy directives regarding detention standards, immigration enforcement, border security infrastructure, cybersecurity initiatives, disaster response capabilities, and grant programs for state and local governments. The Act maintains continuity with prior appropriations while introducing new restrictions on fund usage and enhanced accountability measures for departmental operations.
Core Provisions
The Act appropriates substantial funding across DHS components, with major allocations including $26,367,000,000 for disaster relief under FEMA's Disaster Relief Fund, $17,727,974,000 for U.S. Customs and Border Protection operations, $10,635,434,000 for Transportation Security Administration operations and support, and $2,218,634,000 for Cybersecurity and Infrastructure Security Agency operations. The legislation creates specific programmatic funding including $494,000,000 for the State Homeland Security Grant Program and $300,000,000 for the Nonprofit Security Grant Program. Section 211 mandates implementation of the November 30, 2021 policy statement regarding pregnant, postpartum, and nursing individuals in custody. Section 213 prohibits continuation of detention facility contracts with performance evaluations below adequate standards. Section 210 restricts Border Security Assets and Infrastructure funds from being used for non-autonomous surveillance systems. The Act transfers $99,750,000 from the Cybersecurity Response and Recovery Fund to Operations and Support. Section 532 prohibits submitting Technology Modernization Fund proposals without concurrent submission to the Technology Modernization Board. Section 548 appropriates $30,000,000 for Supreme Court salaries and expenses. The legislation establishes that funds remain available until September 30, 2026, with certain accounts available through September 30, 2027 or 2028. Section 231 blocks implementation of Coast Guard Force Design 2028 until detailed briefings are provided to Congress on organizational initiatives, personnel, technology, and contracting acquisitions.
Key Points
- $26,367,000,000 for FEMA Disaster Relief Fund
- $17,727,974,000 for U.S. Customs and Border Protection
- $10,635,434,000 for Transportation Security Administration
- $2,218,634,000 for Cybersecurity and Infrastructure Security Agency
- $494,000,000 for State Homeland Security Grant Program
- $300,000,000 for Nonprofit Security Grant Program
- $30,000,000 for Supreme Court salaries and expenses
- $99,750,000 transfer from Cybersecurity Response and Recovery Fund
Legal References
- 42 U.S.C. 5133 (Federal Fire Prevention and Control Act)
- 6 U.S.C. 604, 605, 606 (Homeland Security Grant Programs)
- 42 U.S.C. 4001 et seq. (National Flood Insurance Act)
- 33 U.S.C. 2712(a)(5) (Oil Spill Liability Trust Fund)
- 8 U.S.C. 1356(m) (Immigration and Nationality Act)
- Public Law 119-21
- Public Law 116-93 (Department of Homeland Security Appropriations Act, 2020)
- Public Law 116-260
- Public Law 116-283 (William M. Thornberry National Defense Authorization Act)
Implementation
The Department of Homeland Security serves as the primary implementing agency, with specific responsibilities delegated to component agencies including CBP, ICE, TSA, FEMA, Coast Guard, and CISA. The Secretary of Homeland Security must submit expenditure plans within 90 days of enactment for various appropriations and provide written execution plans for detention facilities within specified timeframes. Section 218 requires the Director of ICE to submit a written execution plan for detention facilities. The Chief Financial Officer must submit monthly budget and staffing reports to the Committees on Appropriations as specified in Section 102. Section 530 mandates submission of unfunded priorities reports within 10 days of the President's budget submission. The legislation establishes a 15-day waiting period before Technology Modernization Fund obligations can occur, requiring advance reporting to Appropriations Committees under Section 552. Section 304 requires FEMA's Administrator to brief Appropriations Committees five business days before publicly announcing grant awards. The Act implements quarterly reporting requirements for oversight of funding under Section 108 and mandates reports on grants and contracts awarded without full and open competition under Section 101. Reprogramming authority is subject to suspension if monthly estimates are not provided, with no reprogramming permitted after June 15 except in extraordinary circumstances. The Inspector General must submit comprehensive annual reports on audits, inspections, and evaluations of funds and activities. Section 225 requires the Coast Guard Commandant to submit a future-years capital investment plan. The Federal Law Enforcement Training Accreditation Board leads the federal law enforcement training accreditation process under Section 405.
Key Points
- 90-day deadline for expenditure plan submissions
- 60-day deadline for various congressional notifications
- Monthly budget and staffing reports required from Chief Financial Officer
- 15-day waiting period for Technology Modernization Fund obligations
- 5-day advance notice required for FEMA grant award announcements
- Quarterly reporting on funding oversight
- Annual Inspector General comprehensive audit reports
- Reprogramming authority suspended after June 15 except for extraordinary circumstances
Impact
The legislation directly benefits Department of Homeland Security personnel, state and local governments receiving grant funding, nonprofit organizations eligible for security grants, and communities affected by disasters through FEMA assistance. The $26.4 billion disaster relief appropriation provides substantial resources for communities recovering from natural disasters and emergencies. State and local governments receive enhanced homeland security capabilities through nearly $500 million in grant funding. The $300 million Nonprofit Security Grant Program specifically protects vulnerable nonprofit organizations, particularly religious institutions and community centers facing security threats. Immigration enforcement operations receive significant funding, affecting detained individuals and communities with substantial immigrant populations. The detention standards provisions in Section 213 create improved conditions for pregnant, postpartum, and nursing individuals in custody. Border communities experience impacts from the $17.7 billion CBP appropriation and restrictions on surveillance technology deployment. Transportation security measures affect millions of travelers through TSA operations. The Coast Guard appropriations support maritime safety, security, and environmental protection affecting coastal communities and maritime commerce. Cybersecurity investments protect critical infrastructure and government networks benefiting all Americans. The administrative burden increases for DHS components through enhanced reporting requirements, monthly budget submissions, and congressional notification procedures. The Act creates compliance obligations for detention facility contractors who must maintain adequate performance evaluations or face contract termination. Grant recipients face application requirements and performance standards under FEMA programs.
Key Points
- State and local governments receiving homeland security grants
- Nonprofit organizations eligible for $300 million security program
- Communities receiving disaster relief from $26.4 billion fund
- Detained individuals subject to improved custody standards
- Border communities affected by CBP operations and infrastructure
- Travelers benefiting from TSA security operations
- Maritime communities served by Coast Guard operations
- Critical infrastructure protected by cybersecurity investments
Legal Framework
The Act derives constitutional authority from Congress's power of the purse under Article I, Section 9, which requires that no money be drawn from the Treasury except through appropriations made by law. The legislation operates within the framework of the Homeland Security Act of 2002, which established the Department of Homeland Security and its component agencies. The disaster relief provisions implement the Robert T. Stafford Disaster Relief and Emergency Assistance Act codified at 42 U.S.C. 5121 et seq. Immigration-related appropriations and restrictions operate under the Immigration and Nationality Act at 8 U.S.C. 1101 et seq. The flood insurance provisions reference the National Flood Insurance Act of 1968 at 42 U.S.C. 4001 et seq. Grant programs operate under statutory authorities at 6 U.S.C. 604-606 for homeland security grants and 42 U.S.C. 5133 for fire prevention grants. The Federal Fire Prevention and Control Act of 1974 at 15 U.S.C. 2229 provides authority for fire-related programs. Section 506 addresses intelligence activities authorization under the National Security Act of 1947. The Implementing Recommendations of the 9/11 Commission Act of 2007 provides authority for transportation security programs at 6 U.S.C. 1135, 1163, and 1182. Section 534 prohibits implementation of the Arms Trade Treaty absent Senate ratification, invoking treaty power requirements under Article II, Section 2 of the Constitution. The Act does not preempt state or local law but establishes federal funding conditions and operational requirements for DHS activities. Judicial review remains available for agency actions taken under this appropriation through the Administrative Procedure Act, though appropriations decisions themselves receive limited judicial scrutiny under established precedent regarding congressional spending power.
Legal References
- U.S. Constitution, Article I, Section 9 (Appropriations Clause)
- U.S. Constitution, Article II, Section 2 (Treaty Power)
- Homeland Security Act of 2002
- Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
- Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
- National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
- Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
- National Security Act of 1947
- Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135, 1163, 1182)
- Administrative Procedure Act
Critical Issues
The legislation presents several areas of potential controversy and implementation challenges. Section 534's prohibition on implementing the Arms Trade Treaty without Senate ratification may face executive branch resistance regarding presidential foreign policy authority. The detention standards requirements in Sections 211 and 213 create enforcement challenges regarding facility compliance and contract termination procedures, potentially reducing available detention capacity if facilities fail to meet standards. Section 210's restriction on non-autonomous surveillance systems limits border security technology options and may face operational pushback from CBP regarding effectiveness of autonomous alternatives. The Coast Guard Force Design 2028 implementation block in Section 231 creates organizational uncertainty and may delay necessary modernization efforts. The Technology Modernization Fund restrictions in Section 532 add bureaucratic layers that could slow critical cybersecurity and IT modernization projects. The $26.4 billion disaster relief appropriation, while substantial, may prove insufficient given increasing frequency and severity of natural disasters driven by climate change. The enhanced reporting requirements create significant administrative burden for DHS components already facing staffing challenges, potentially diverting resources from operational missions. Section 536's prohibition on transferring or releasing Khalid Sheikh Mohammed and other non-citizen detainees raises separation of powers concerns regarding executive detention authority. The reprogramming restrictions, particularly the June 15 cutoff date, limit agency flexibility to respond to emerging threats or operational needs in the final quarter of the fiscal year. Grant program funding levels may not meet demand from state, local, and nonprofit applicants, requiring difficult prioritization decisions. The detention facility performance evaluation requirements may face legal challenges from contractors regarding contract termination procedures and due process. Implementation of the November 30, 2021 policy on pregnant individuals in custody requires significant operational changes to detention practices and facility capabilities.
Key Points
- Arms Trade Treaty prohibition raises executive authority concerns
- Detention standards may reduce available facility capacity
- Surveillance technology restrictions limit border security options
- Coast Guard modernization delayed by Force Design 2028 block
- Technology Modernization Fund restrictions slow IT projects
- Disaster relief funding may prove insufficient for increasing disasters
- Enhanced reporting requirements create administrative burden
- Reprogramming restrictions after June 15 limit operational flexibility
- Grant funding levels may not meet applicant demand
- Detention facility contract termination procedures face legal challenges