Keep Our Border Agents Paid Act
Summary
The "Keep Our Border Agents Paid Act" (S. 3681) aims to provide continuing appropriations for certain employees and contractors of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) in the event of a government shutdown. This bill ensures that essential personnel within these agencies continue to receive pay and benefits during periods when government funding lapses.
The Act defines "covered components" as Air and Marine Operations, the Office of Field Operations, and the U.S. Border Patrol of CBP, as well as Homeland Security Investigations and Enforcement and Removal Operations of ICE. It also defines "covered contractors" as individuals performing work for these components who are deemed essential by the Secretary or required to work during a lapse in appropriations.
The bill outlines the appropriation of funds from the Treasury to cover pay and benefits for excepted employees and covered contractors, including provisions for benefits related to captives, missing employees, and disability or death. It also specifies the termination conditions for these appropriations and the charging of expenditures to applicable appropriations once regular funding is restored.
Expected Effects
The bill's primary effect would be to maintain operational readiness and border security during government shutdowns by ensuring that key CBP and ICE personnel remain on the job. This would mitigate potential disruptions to border control, customs enforcement, and immigration enforcement activities.
By providing financial security to essential employees and contractors, the bill could also reduce the negative impact of government shutdowns on their personal finances and morale. This could lead to improved job performance and retention within these critical agencies.
However, the bill could also be seen as a temporary fix that does not address the underlying issues that lead to government shutdowns, potentially incentivizing future political gridlock over budget appropriations.
Potential Benefits
- Ensures continued border security and immigration enforcement during government shutdowns.
- Provides financial stability for essential CBP and ICE employees and contractors.
- Maintains operational readiness of critical border agencies.
- Reduces potential disruptions to trade and travel.
- Supports the morale and retention of essential personnel.
Potential Disadvantages
- May incentivize future government shutdowns by providing a temporary workaround.
- Could be perceived as prioritizing certain agencies over others during funding lapses.
- Does not address the root causes of budgetary impasses.
- Potential for increased government spending if shutdowns become more frequent.
- May create a two-tiered system where some government employees are protected from shutdowns while others are not.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Constitution's broad mandates to "provide for the common defence" (Preamble) and ensure domestic tranquility. By maintaining border security during government shutdowns, the bill supports these constitutional objectives.
Article I, Section 8 grants Congress the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States. This bill falls under the power of congress to appropriate funds for the common defense.
However, the bill's reliance on continuing appropriations during funding lapses could raise questions about Congress's constitutional duty to control federal spending through regular appropriations processes (Article I, Section 9, Clause 7).
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).