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.
- Bill Number
- H.R. 7844
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-03-06: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- Last Updated
- 2026-05-16T08:07:29Z
AI-Generated Summary
Purpose of the Legislation
This bill (H.R. 7844) aims to grant the Secretary of Homeland Security limited authority to shift unused funds within the Department of Homeland Security (DHS) during periods when Congress has not approved new funding, known as a "lapse in appropriations" or government shutdown. The goal is to help maintain essential operations in certain DHS areas without allowing expansions like new hires.
Key Provisions
- Authority to Transfer Funds: During a funding lapse, the Secretary may move unobligated (unused) funds from specific sources to other DHS accounts. Eligible sources include:
- Funds from sections 90005 or 90007 of Public Law 119-21 (referred to as the "One Big Beautiful Bill Act").
- Any unobligated funds allocated to U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) under the same law.
- Restrictions on Transfers: Funds cannot be moved to:
- The Office of the Secretary and Executive Management.
- ICE.
- CBP.
- Ban on Hiring: Transferred funds cannot be used to fill vacant positions or hire new staff within DHS.
Significant Changes to Existing Law
This bill introduces a new exception to standard federal rules, which generally prohibit spending or reallocating funds during a lapse in appropriations to avoid bypassing congressional budget authority. It specifically allows limited internal transfers within DHS from designated immigration and border-related funds, creating a targeted flexibility not previously available during shutdowns.
Potential Impacts
- On Government Agencies: DHS could sustain operations in non-prohibited areas (e.g., disaster response or cybersecurity) by reallocating funds, reducing disruptions during shutdowns. However, core immigration enforcement (ICE and CBP) and leadership offices remain restricted, potentially limiting their activities.
- On Citizens: Americans relying on DHS services outside immigration enforcement, such as emergency management or transportation security, might experience fewer interruptions. Those affected by immigration processes could see no relief, as funds cannot support hiring or expansion there.
- On International Relations: Minimal direct impact, though it could indirectly affect border security consistency, potentially influencing U.S. interactions with neighboring countries on migration issues.
Main Stakeholders Affected
- Department of Homeland Security (DHS): Primary beneficiary and operator of the transfer authority, including its Secretary.
- U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP): Directly restricted from receiving transfers, limiting their funding options during lapses.
- Congress: Committees on Homeland Security, Judiciary, and Ways and Means oversee the bill; it gives the executive branch more control over spending in crises, potentially shifting power dynamics.
- U.S. Taxpayers and Service Users: Indirectly affected through how federal funds are prioritized during budget disputes.
Notable Legal, Constitutional, or Political Implications
- Legal: This could be challenged as an overreach of executive authority, as lapses in appropriations are meant to enforce congressional control over spending (under the U.S. Constitution's Appropriations Clause, Article I, Section 9). It creates a narrow "carve-out" for DHS, raising questions about equal treatment of agencies.
- Constitutional: Balances separation of powers by allowing flexibility in emergencies but prohibits using funds for hiring, which might address concerns about unauthorized expansions of government workforce.
- Political: Introduced amid potential budget conflicts, it highlights partisan debates on immigration funding (given references to ICE and CBP). Critics might view it as a workaround for shutdowns, while supporters could see it as pragmatic for national security. The bill's referral to multiple committees suggests broad jurisdictional review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Peters, Scott H. [D-CA-50]
Cosponsors (11)
Rep. Horsford, Steven [D-NV-4], Rep. Lieu, Ted [D-CA-36], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Min, Dave [D-CA-47], Rep. Liccardo, Sam T. [D-CA-16], Rep. Levin, Mike [D-CA-49], Rep. Bera, Ami [D-CA-6], Rep. Swalwell, Eric [D-CA-14], Rep. Friedman, Laura [D-CA-30], Rep. Fletcher, Lizzie [D-TX-7], Del. Norton, Eleanor Holmes [D-DC-At Large]
Recent Actions
- 2026-03-06: Referred to the Subcommittee on Oversight, Investigations, and Accountability.
- 2026-03-05: Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-05: Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-05: Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-05: Introduced in House
- 2026-03-05: Introduced in House
Bill Versions
- 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. — issued 2026-03-05 — PDF (3 pages)