Bill Summary
The "Keep Our Border Agents Paid Act" is a legislative proposal aimed at ensuring the continued payment and benefits for certain employees and contractors of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) during a government shutdown.
Key provisions of the bill include:
1. **Continuing Appropriations**: The act authorizes the allocation of necessary funds from the U.S. Treasury to pay "excepted employees" (those whose jobs are deemed essential) and certain contractors who support them during a lapse in appropriations.
2. **Definition of Key Terms**: The bill defines covered components, which include various operational branches of CBP and ICE, and outlines who qualifies as a covered contractor and excepted employee.
3. **Employee Benefits**: It ensures that these employees receive benefits related to disability, death, and other compensations as outlined in federal law, thus providing financial security even in times of budgetary uncertainty.
4. **Termination of Appropriations**: The appropriations authorized by the act would remain in effect until a new law appropriates funds for these purposes or a regular appropriations act is enacted.
5. **Simplified Fund Access**: The bill allows for the use of these appropriated funds without the usual timelines for apportionment, facilitating quicker access to resources during a shutdown.
Overall, this legislation seeks to maintain operational stability and support for critical border and immigration enforcement functions, even in the event of government funding interruptions.
Possible Impacts
The "Keep Our Border Agents Paid Act" has the potential to affect people in several ways. Here are three examples:
1. **Job Security for Employees**: The legislation ensures that excepted employees and contractors of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) will continue to receive pay during a government shutdown. This provides financial stability for these individuals and their families, reducing the stress and uncertainty that often accompany such shutdowns. Employees can maintain their standard of living and meet financial obligations without interruption.
2. **Operational Continuity for Border Security**: By guaranteeing continued appropriations for essential personnel, the legislation helps maintain operational effectiveness at the borders. This means that CBP and ICE can continue to perform critical functions, such as border patrol, enforcement operations, and immigration investigations, even during a government shutdown. Consequently, this can lead to enhanced national security and public safety, as these agencies remain fully staffed and operational.
3. **Support for Contractors**: The bill extends protections not just to federal employees but also to contractors who provide essential services to the covered components of CBP and ICE. This could have a broad impact on the economy, as many contractors rely on government contracts for their livelihoods. By ensuring they are paid during shutdowns, the legislation supports small businesses and workers in the contractor community who contribute to the overall functioning of border security operations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3681 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3681
To provide for continuing appropriations for certain employees and
contractors of U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement in the event of a Government shutdown.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2026
Mr. Scott of Florida (for himself and Mr. Justice) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for continuing appropriations for certain employees and
contractors of U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement in the event of a Government shutdown.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Border Agents Paid Act''.
SEC. 2. CONTINUING APPROPRIATIONS FOR CERTAIN EMPLOYEES AND CONTRACTORS
OF U.S. CUSTOMS AND BORDER PROTECTION AND U.S.
IMMIGRATION AND CUSTOMS ENFORCEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 437. CONTINUING APPROPRIATIONS FOR CERTAIN EMPLOYEES AND
CONTRACTORS OF U.S. CUSTOMS AND BORDER PROTECTION AND
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
``(a) Definitions.--In this section:
``(1) Covered component.--The term `covered component'
means--
``(A) Air and Marine Operations of U.S. Customs and
Border Protection;
``(B) the Office of Field Operations of U.S.
Customs and Border Protection;
``(C) the U.S. Border Patrol of U.S. Customs and
Border Protection;
``(D) Homeland Security Investigations of U.S.
Immigration and Customs Enforcement; and
``(E) Enforcement and Removal Operations of U.S.
Immigration and Customs Enforcement.
``(2) Covered contractor.--The term `covered contractor'
means an individual--
``(A) performing work for a covered component under
a contract; and
``(B) who the Secretary determines is--
``(i) providing support to excepted
employees of the covered component; or
``(ii) required to perform work during a
lapse in appropriations.
``(3) Excepted employee.--The term `excepted employee' has
the meaning given such term in section 1341(c)(1)(D) of title
31, United States Code.
``(b) In General.--For any period in which there is a lapse in
appropriations for the Department, there are appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as are
necessary to provide--
``(1) pay to excepted employees and covered contractors of
covered components of the Department; and
``(2) benefits under chapters 55 and 81 of title 5, United
States Code, to such employees, including--
``(A) benefits for captives under section 5569 of
such title;
``(B) compensation for disability or death for
missing employees under section 5570 of such title;
``(C) compensation for disability or death of
employees under section 8102 of such title; and
``(D) funeral expenses and transportation of bodies
under section 8134 of such title.
``(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year under subsection (b) shall be
available until the earlier of--
``(1) the date of the enactment of a law of making an
appropriation for the purposes for which amounts are made
available under subsection (b); or
``(2) the date of the enactment of a law of a regular
appropriations Act, or a law making continuing appropriations
until the end of the fiscal year, without any appropriation for
the purposes described in paragraph (1).
``(d) Charging of Expenditures.--Expenditures made for the purposes
described in subsection (b) from amounts made available under
subsection (b) shall be charged to the applicable appropriation, fund,
or authorization whenever a regular appropriation Act, or a law making
continuing appropriations, for such purposes is enacted.
``(e) Apportionment.--
``(1) In general.--Appropriations and any other funds made
available by, or authority granted under, this section may be
used without regard to the time limitations for submission and
approval of apportionments set forth in section 1513 of title
31, United States Code.
``(2) Rule of construction.--Nothing in this section may be
construed to waive any other provision of law governing the
apportionment of funds.''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
the item relating to section 436 the following:
``Sec. 437. Continuing appropriations for certain employees and
contractors of U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement.''.
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