Keep Our Border Agents Paid Act
- Bill Number
- S. 3681
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-02-12T13:31:44Z
AI-Generated Summary
Keep Our Border Agents Paid Act (S. 3681)
Purpose
The legislation aims to ensure uninterrupted pay and certain benefits for specific employees and contractors at U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) during any lapse in federal appropriations, commonly known as a government shutdown.
Key Provisions
- Definitions: The bill defines "covered components" as Air and Marine Operations, Office of Field Operations, and U.S. Border Patrol within CBP, plus Homeland Security Investigations and Enforcement and Removal Operations within ICE. "Covered contractors" are contract workers determined by the Secretary of Homeland Security to support excepted employees or perform required duties during a funding lapse. "Excepted employees" refers to personnel who must continue working under existing law (31 U.S.C. 1341(c)(1)(D)).
- Automatic Funding: During a lapse in appropriations for the Department of Homeland Security, the bill provides necessary funds from the Treasury for pay to excepted employees and covered contractors in the covered components, along with specific benefits under Title 5 of the U.S. Code (such as compensation for disability, death, captives, and funeral expenses).
- Duration and Accounting: Funding continues until Congress passes a regular appropriations act or a continuing resolution that includes the relevant purposes. Expenditures are later charged against enacted appropriations.
- Administrative Flexibility: Funds may be used without standard time limits for apportionment under 31 U.S.C. 1513, though other apportionment rules remain in effect.
- Amendment: The bill adds Section 437 to the Homeland Security Act of 2002 and updates the table of contents accordingly.
Significant Changes to Existing Law
This measure creates a statutory exception to the general restrictions of the Antideficiency Act by authorizing advance appropriations for targeted border enforcement and immigration functions during shutdowns. It expands coverage to include certain contractors, which current law does not automatically guarantee in the same manner.
Potential Impacts
- Government Agencies: It supports continuity of operations for designated CBP and ICE units by ensuring personnel and support contractors receive pay without interruption.
- Citizens: Border security and enforcement activities involving the covered components could maintain staffing levels, though broader government functions remain subject to shutdown rules.
- International Relations: No direct effects are specified in the bill.
Main Stakeholders Affected
- Employees and contractors in the listed CBP and ICE components.
- The Department of Homeland Security.
- Congress, which retains authority to enact future appropriations that would terminate the automatic funding.
Notable Legal, Constitutional, or Political Implications
The bill relies on Congress's appropriations power under Article I of the Constitution to carve out specific funding authority. It does not alter the Antideficiency Act broadly or address constitutional questions about mandatory spending during lapses. The measure focuses narrowly on border-related components and leaves other federal operations unaffected.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-01-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2026-01-15: Introduced in Senate
Bill Versions
- Keep Our Border Agents Paid Act — issued 2026-01-15 — PDF (5 pages)