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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2999 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2999

Making 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

           September 29 (legislative day, September 22), 2023

 Mr. Scott of Florida (for himself, Mr. Risch, Mr. Sullivan, Mr. Scott 
    of South Carolina, Mr. Wicker, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
Making 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) 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 
                that title;
                    ``(B) compensation for disability or death for 
                missing employees under section 5570 of that title;
                    ``(C) compensation for disability or death of 
                employees under section 8102 of that title; and
                    ``(D) funeral expenses and transportation of bodies 
                under section 8134 of that title.
    ``(b) Termination.--Appropriations and funds made available and 
authority granted for any fiscal year under subsection (a) shall be 
available until whichever of the following first occurs:
            ``(1) The enactment into law of an appropriation (including 
        a continuing appropriation) for the purposes for which amounts 
        are made available under subsection (a).
            ``(2) The enactment into law of a regular appropriation 
        Act, or a law making continuing appropriations until the end of 
        the fiscal year, without any appropriation for such purposes.
    ``(c) Charging of Expenditures.--Expenditures made for the purposes 
described in subsection (a) from amounts made available under that 
subsection 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.
    ``(d) Apportionment.--Appropriations and 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, but nothing in 
this section may be construed to waive any other provision of law 
governing the apportionment of funds.
    ``(e) Definitions.--In this section:
            ``(1) Covered component.--The term `covered component' 
        means any of the following:
                    ``(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.
                    ``(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) that 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 that term in section 1341(c) of title 31, 
        United States Code.''.
    (b) Clerical Amendment.--The table of contents for the Homeland 
Security Act of 2002 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.''.
                                 <all>
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