PolicyBrief
S. 3681
119th CongressJan 15th 2026
Keep Our Border Agents Paid Act
IN COMMITTEE

This bill ensures that essential U.S. Customs and Border Protection and ICE personnel and contractors receive pay and benefits during a government shutdown.

Rick Scott
R

Rick Scott

Senator

FL

LEGISLATION

New Bill Guarantees Paychecks for Border and ICE Personnel During Government Shutdowns

The 'Keep Our Border Agents Paid Act' creates a financial safety net for the men and women working on the front lines of border security and immigration enforcement. Under this bill, if Congress fails to pass a budget and the government shuts down, essential employees and contractors within specific units of U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) will continue to receive their pay and benefits without interruption. By automatically tapping into Treasury funds during a lapse in appropriations, the bill ensures that those deemed 'excepted'—meaning they are required to work even when the government is officially closed—don't have to worry about how they’ll pay their rent or buy groceries while on the job.

Protecting the Front Line

This legislation specifically targets five critical units: CBP’s Air and Marine Operations, the Office of Field Operations, and the U.S. Border Patrol, along with ICE’s Homeland Security Investigations and Enforcement and Removal Operations. For a Border Patrol agent working a remote shift or an ICE investigator handling a case, this means their paycheck stays on schedule regardless of political gridlock in Washington. The bill also covers specific federal benefits under Title 5, such as disability, death, and funeral expenses, ensuring that if the unthinkable happens during a shutdown, their families aren't left in a lurch (Section 2). It’s a practical fix for a recurring problem that often leaves thousands of federal workers in financial limbo.

The Mechanics of the Safety Net

The bill is designed to be a temporary bridge rather than a permanent blank check. The automatic funding kicks in the moment a shutdown starts and stays active until a regular spending bill is signed into law. To keep the books balanced, any money spent during the shutdown is 'charged back' to the agency's regular budget once it’s finally approved. It also cuts through some of the usual bureaucratic red tape by allowing these funds to be used without waiting for standard time-consuming approval processes (31 U.S.C. 1513), which is essentially the legislative version of making sure the emergency fund is accessible the moment the power goes out.