An Act Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes.
Summary
The Department of Homeland Security Appropriations Act, 2026, allocates funds for various agencies and programs within the Department of Homeland Security (DHS) for the fiscal year ending September 30, 2026. It covers areas such as border security, immigration enforcement, cybersecurity, disaster relief, and the Coast Guard. The act also includes administrative provisions and general guidelines for the use and transfer of funds.
The appropriations are designated for operations and support, procurement, construction, improvements, research and development, and federal assistance programs. Specific allocations are provided for agencies like U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), Transportation Security Administration (TSA), Coast Guard, and Federal Emergency Management Agency (FEMA).
The act also addresses policy matters such as border crossing fees, prescription drug importation, and the use of body-worn cameras. It includes rescissions of funds from various accounts and programs within DHS.
Expected Effects
This act will directly fund the operations of the Department of Homeland Security, influencing border security, immigration enforcement, cybersecurity, and disaster preparedness. The specific allocations and policy provisions will shape how these agencies carry out their missions.
It will also affect the availability of federal assistance for state and local governments, as well as individuals impacted by disasters. Rescissions of funds from certain accounts will reduce the resources available for those specific programs.
Potential Benefits
- Enhanced border security through funding for CBP operations, procurement, construction, and improvements.
- Improved cybersecurity infrastructure and response capabilities via allocations to the Cybersecurity and Infrastructure Security Agency (CISA).
- Support for disaster relief and emergency preparedness through FEMA grants and programs.
- Advancement of law enforcement training through funding for the Federal Law Enforcement Training Centers (FLETC).
- Increased oversight and accountability through reporting requirements and Inspector General activities.
Most Benefited Areas:
Potential Disadvantages
- Rescissions of funds from certain accounts may lead to reduced resources for specific programs.
- Restrictions on the use of funds, such as those related to border crossing fees and prescription drug importation, may limit agency flexibility.
- Potential for delays in grant application processing due to mandated timelines and associated penalties.
- Possible limitations on the implementation of new programs or initiatives due to reprogramming restrictions.
- Concerns about the use of funds for certain activities, such as those related to intelligence gathering and data privacy.
Constitutional Alignment
The act aligns with the Constitution's broad mandates to "provide for the common defence" (National Security & Defense) and "insure domestic Tranquility" (Public Safety & Crime Reduction) through its funding of DHS agencies and programs. Article I, Section 9, Clause 7, which states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law," is directly addressed as the act appropriates funds for specific purposes.
However, certain provisions related to immigration enforcement and border security could raise concerns about individual rights and due process under the Fifth Amendment. Additionally, potential restrictions on freedom of movement and commerce could be viewed under the lens of Article I, Section 8 (Commerce Clause) and the Fourth Amendment (search and seizure).
Overall, the act's constitutionality depends on the specific implementation of its provisions and whether they infringe upon constitutionally protected rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).