PolicyBrief
H.R. 5398
119th CongressSep 16th 2025
Pay Our Homeland Defenders Act of 2026
IN COMMITTEE

This Act ensures that essential Department of Homeland Security employees continue to receive pay during a government shutdown until a new budget is enacted or January 1, 2027.

Bill Huizenga
R

Bill Huizenga

Representative

MI-4

LEGISLATION

New Bill Guarantees Pay for DHS Law Enforcement, Coast Guard During 2026 Government Shutdowns

If you’ve ever had to work without knowing when your next paycheck was coming—or worse, been told to report for duty without pay—you know the stress of a government shutdown. The Pay Our Homeland Defenders Act of 2026 aims to take that specific stress off a large chunk of federal employees who are deemed essential.

This bill ensures that essential Department of Homeland Security (DHS) personnel—including law enforcement officers (specifically those in job series 0083, 1801, 1811, and others), the U.S. Coast Guard (members, civilians, and contractors), and critical support staff—will continue to receive their salaries and allowances if Congress fails to pass a budget for fiscal years 2026 or 2027. Basically, if the government hits the funding wall, the Treasury automatically cuts the checks for these folks. This protection lasts until Congress passes a new budget or until January 1, 2027, whichever comes first.

Taking the Financial Stress Off the Front Lines

The most immediate, real-world impact is financial stability for thousands of families. Consider the Border Patrol agent or the Coast Guard petty officer required to stay on the job. Under current shutdown rules, they work without pay, often having to juggle bills, delay rent, or rely on credit cards. This bill removes that impossible choice. By automatically funding these salaries (Section 2), it ensures that the people responsible for national security and maritime safety can focus on their jobs instead of worrying about whether they can afford groceries that month. This is a massive morale boost and a practical safeguard against having critical personnel distracted by personal financial crises.

The Secretary’s Discretion: Who is 'Absolutely Necessary'?

While the bill is clear about covering specific law enforcement roles and the Coast Guard, it also grants the DHS Secretary authority to designate any other DHS employees or contractors deemed “absolutely necessary” for core administrative functions, like payroll and accounting (Section 2). This is where the bill gets a little vague. On one hand, you need the payroll team to get paid so they can pay everyone else. On the other hand, the definition of “absolutely necessary” is left wide open. This means the Secretary has a lot of discretion to decide who else gets paid during a shutdown, potentially expanding the list beyond what might be considered strictly essential, or perhaps leaving out critical but less obvious roles.

The Trade-Off: Bypassing the Budget Process

This mechanism is beneficial for the covered employees, but it introduces a structural change to how funding works. By pulling money directly from the Treasury outside of the standard appropriation process, the bill creates a mandatory spending obligation for these salaries during a shutdown. For taxpayers, this means that even if a shutdown is meant to pressure Congress into budget negotiations, the cost of these specific DHS functions is guaranteed regardless of the political deadlock. Furthermore, this provision only covers essential DHS personnel. The thousands of “non-essential” federal employees—from other agencies or even other parts of DHS—who are furloughed or forced to work without pay are not covered, creating a clear two-tiered system for federal workers during funding gaps.