Department of Homeland Security Appropriations Act, 2026
- Bill Number
- H.R. 4213
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Economics and Public Finance
- Status
- Introduced
- Latest Action
- 2025-06-26: Placed on the Union Calendar, Calendar No. 139.
- Last Updated
- 2026-07-11T17:08:23Z
AI-Generated Summary
Purpose of the Legislation
This bill (H.R. 4213) provides funding for the Department of Homeland Security (DHS) for fiscal year 2026 (October 1, 2025, to September 30, 2026). It allocates specific amounts for DHS operations, including border security, immigration enforcement, cybersecurity, disaster response, and other activities, while imposing restrictions and reporting requirements to ensure accountability.
Key Provisions
The bill is organized into five titles, appropriating funds across DHS components and including administrative rules, prohibitions, and grant programs.
Title I: Departmental Management, Intelligence, Situational Awareness, and Oversight
- Allocates $246 million for the Office of the Secretary's operations and support (with $26 million available until 2027) and $8 million for procurement/construction (available until 2028).
- Provides $1.65 billion for the Management Directorate's operations and support, $96 million for procurement/construction (with portions available until 2028 and 2030), and maintains the Federal Protective Service using fee revenues.
- Funds $361 million for Intelligence and Analysis/Situational Awareness operations (with $114 million available until 2027), including support for fusion centers.
- Appropriates $223 million for the Office of Inspector General's operations, allowing up to $300,000 for confidential expenses like informant payments.
- Administrative Provisions: Requires reports on non-competitive grants/contracts, monthly budget/staffing updates, notifications for fund transfers from Treasury's Forfeiture Fund, quarterly briefings on major acquisitions, documentation and reporting for new pilots/demonstrations (defined as small-scale experiments costing over $5 million or using more than 10 full-time staff), and prohibits certain intelligence activities under a 2025 law.
Title II: Security, Enforcement, and Investigations
- U.S. Customs and Border Protection (CBP): $18.1 billion for operations/support (including vehicle purchases, air/marine support, and informant awards; $550 million available until 2027) and $898 million for procurement/construction (available until 2028).
- U.S. Immigration and Customs Enforcement (ICE): $11 billion for operations/support (including $6.4 billion for enforcement/detention/removal, $15 million for intellectual property investigations, and $6 million for child labor enforcement; portions available until 2027 and beyond) and $35 million for procurement/construction (available until 2028 and 2030).
- Transportation Security Administration (TSA): $10.4 billion for operations/support ($300 million available until 2027; offset by security fees, reducing general fund need to $7.3 billion), $258 million for procurement/construction (until 2028), and $15 million for research/development (until 2027).
- Coast Guard: $10.8 billion for operations/support ($530 million for defense activities, $400 million for maintenance until 2027; portions from Oil Spill Liability Trust Fund), $2 billion for procurement/construction (until 2030), $7.5 million for research/development (until 2028), and $1.25 billion for retired pay (until expended).
- U.S. Secret Service: $3.1 billion for operations/support ($111 million available until 2027; includes $6 million for missing/exploited children grants and up to $35 million for premium pay), $126 million for procurement/construction (until 2028 and 2030), and $3.3 million for research/development (until 2027).
- Administrative Provisions: Extends overtime limits; allows CBP funds for Puerto Rico/Virgin Islands operations; permits fee use for preclearance; adds $31 million for CBP operations (offset by collections); prohibits blocking personal imports of certain Canadian prescription drugs; requires U.S. flag vessels for Strategic Petroleum Reserve oil transport; bans new border crossing fees; mandates expenditure plans for CBP construction; restricts fencing in certain areas; allocates specific CBP procurement funds (e.g., $346 million for border tech); bars F/M visas for unaccredited schools; prohibits parole for Chinese nationals into Northern Mariana Islands; bans certain foreign-made drones; limits 287(g) immigration agreements if violated; requires "adequate" detention facility performance; prioritizes detention for high-risk aliens; mandates GPS monitoring for non-detained immigrants; bans physical ID cards for aliens; exempts federal detainees from state labor laws; limits detention inspections; protects ICE international presence; requires screening for officials; allows Aviation Security Capital Fund use for explosives detection; requires TSA investment plans; amends reporting to briefings; limits recreational vessel documentation costs; requires Coast Guard capital plans; allows Housing Fund use; prohibits new whale speed restrictions; authorizes Secret Service reimbursements and protections; ensures pregnant detainee policies.
Title III: Protection, Preparedness, Response, and Recovery
- Cybersecurity and Infrastructure Security Agency (CISA): $2.24 billion for operations/support ($24 million until 2027) and $501 million for procurement/construction (until 2028).
- Federal Emergency Management Agency (FEMA): $1.47 billion for operations/support, $158 million for procurement/construction (portions until 2028 and 2030), and $3.76 billion for federal assistance grants (e.g., $520 million for state homeland security including Operation Stonegarden; $615 million for urban security; $335 million for nonprofit security; $720 million for firefighter/staffing grants; $355 million for emergency management performance; $313 million for flood mapping; $170 million for community projects; $26.5 billion for Disaster Relief Fund (designated for emergency spending); $202 million for National Flood Insurance Fund (with limits on operating expenses and mitigation).
- Administrative Provisions: Allows CISA funds for threat feeds; limits grant administrative costs to 5%; sets grant application timelines; requires pre-award briefings; excludes communications towers from "construction" definitions; updates disaster reporting; waives certain fire grant requirements; ensures radiological preparedness fees; transfers prior unobligated funds; amends Stafford Act for mandatory predisaster mitigation (e.g., 3-6% of relief funds, focused on recent disasters, 4-year availability).
Title IV: Research, Development, Training, and Services
- U.S. Citizenship and Immigration Services (USCIS): $113 million for E-Verify operations (in addition to fees).
- Federal Law Enforcement Training Centers (FLETC): $386 million for operations/support ($76 million until 2027) and $18 million for procurement/construction (until 2030).
- Science and Technology Directorate: $369 million for operations/support ($206 million until 2027), $40 million for procurement/construction (until 2030), and $350 million for research/development (until 2028).
- Administrative Provisions: Allows USCIS vehicle use; prohibits outsourcing certain USCIS roles; bars work authorization for denied asylum seekers or convicted applicants; limits reception expenses; bans H-1B petitions from certain entities; authorizes FLETC accreditation distributions and transfers; classifies instructors as governmental; prohibits "Asylum Program Fee" implementation; raises credible fear standard to "more likely than not"; restricts asylum for transit through safe countries; limits H-2B exemptions; considers certain agricultural work temporary; bans "Modernizing H-2" rule; amends P-visa for mobile entertainment workers (e.g., carnivals) with H-2B-like requirements.
Title V: General Provisions
- Standard rules on fund availability, reprogramming (e.g., no changes over 10% without 30-day notice; limits after June 15), working capital fund, unobligated balances, intelligence authorizations, award notifications, facility restrictions, prospectus requirements, Buy American Act compliance, oath amendments ban, countering WMD office limits, national ID ban, reporting delegations, travel limits, worker hiring bans, incentive fees, pornography blocks, gun-walking bans, conference limits, National Special Security Event reimbursements ban, pay reform notifications, public reporting, minor procurement definitions, schooling authority, congressional oversight access, pregnancy restraint limits, record preservation, Principal Federal Official ban, unfunded priorities reports, protection notifications for officials, Technology Modernization Fund rules, user fee adjustments, Arms Trade Treaty delay, entity restrictions, Guantanamo detainee transfer ban, border arrival estimates, DoD assistance analyses, back-up care, Blue Campaign funding, Disinformation Governance Board ban, mis/disinformation classification ban, religious belief protections, sanctuary jurisdiction funding ban, DEI/Critical Race Theory ban, Chinese-owned tech procurement ban, $3 million for presidential property protection reimbursements, constitutional amendment protections, recording rights.
- Spending Reduction Account: $0.
Significant Changes to Existing Law
- Amends Stafford Act (Sec. 312) to mandate predisaster mitigation funding (3-6% of relief funds, prioritized for recent disasters, 4-year availability).
- Modifies Immigration and Nationality Act (e.g., Secs. 411-412 raise credible fear/asylum standards; Sec. 413 limits H-2B exemptions; Sec. 414 deems certain ag work temporary; Sec. 416 adds P-visa for mobile entertainment with H-2B rules).
- Updates reporting (e.g., Sec. 233 changes to briefings; Sec. 306 adjusts disaster reports).
- Prohibits/enforces new rules (e.g., Sec. 107 bans certain intelligence; Sec. 410 blocks asylum fee; Sec. 415 bans H-2 rule; Sec. 542-543 ban disinformation entities/activities; Sec. 544 protects religious views on marriage; Sec. 546 bans DEI/CRT; Sec. 549 ensures constitutional compliance).
Potential Impacts
- Government Agencies: Provides stable funding for DHS operations but imposes strict oversight (e.g., monthly reports, reprogramming limits), potentially slowing flexibility; boosts enforcement (e.g., ICE detention priorities, CBP tech) while restricting pilots/demonstrations and certain contracts.
- Citizens: Enhances security (e.g., TSA screening, CISA threats, FEMA grants) and disaster aid ($26.5 billion relief fund), but limits personal drug imports and recording restrictions; protects religious freedoms and congressional access to facilities.
- Immigrants/Non-Citizens: Increases enforcement (e.g., GPS monitoring, high-risk detention, asylum barriers, 287(g) limits if violated), bans gender-affirming care/abortions in custody, and prioritizes removals for criminals/terror links; affects visa programs (e.g., H-2B, P-visa expansions).
- International Relations: Supports Coast Guard/ICE international partnerships but restricts Chinese nationals' parole, foreign drone imports, and H-1B from certain entities; requires U.S. flag vessels for oil transport and protects U.S. tech procurement.
Main Stakeholders Affected
- DHS Components: CBP, ICE, TSA, Coast Guard, Secret Service, CISA, FEMA, USCIS, FLETC, Science/Tech Directorate (direct funding recipients).
- Federal/State/Local/Tribal Governments: Grant recipients (e.g., $3.76 billion FEMA assistance for security/fire/emergency programs); states/localities face sanctuary funding bans and border estimate requirements.
- Citizens and Businesses: Taxpayers fund operations; businesses affected by E-Verify, H-2 visas, procurement bans (e.g., Chinese tech), and IP enforcement.
- Immigrants and Vulnerable Groups: Aliens in custody (detention priorities, health restrictions); asylum seekers (higher standards); nonprofits/urban areas (security grants).
- Other: Religious organizations (protected from discrimination); law enforcement (training/accreditation); disaster victims (flood insurance/mitigation).
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces congressional oversight via notifications/reports (e.g., Sec. 503 reprogramming, Sec. 507 awards), potentially limiting executive discretion; amends immigration/asylum laws to tighten eligibility, raising due process questions for credible fear interviews.
- Constitutional: Explicitly prohibits funds contravening First/Fourth/Fifth/Sixth Amendments (Sec. 549); protects free speech/recording (Sec. 550), religious beliefs (Sec. 544), and congressional access (Sec. 527); bans restraints on pregnant detainees (Sec. 528) and record destruction (Sec. 529), aligning with Eighth Amendment concerns.
- Political: Emphasizes border/enforcement priorities (e.g., Secs. 224, 538 estimates) and restrictions on progressive policies (e.g., DEI ban, gender care prohibition, disinformation limits), reflecting partisan divides; disaster/emergency designations (e.g., Sec. 251(b)(2)(D)) bypass budget caps, enabling flexible spending amid political debates on immigration/flood insurance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-06-26: Placed on the Union Calendar, Calendar No. 139.
- 2025-06-26: The House Committee on Appropriations reported an original measure, H. Rept. 119-173, by Mr. Amodei (NV).
- 2025-06-26: The House Committee on Appropriations reported an original measure, H. Rept. 119-173, by Mr. Amodei (NV).
Bill Versions
- Department of Homeland Security Appropriations Act, 2026 — issued 2025-06-26 — PDF (98 pages)