II 118th CONGRESS 1st Session S. 2999 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.

1. Short title This Act may be cited as the Keep Our Border Agents Paid Act . 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: 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. .