Pay Our Border Patrol and Customs Agents Act
Summary
H.R. 5260, the "Pay Our Border Patrol and Customs Agents Act," aims to provide appropriations for the salaries and expenses of U.S. Customs and Border Protection (CBP) employees during a government shutdown in fiscal year 2026. The bill ensures that Border Patrol agents and officers of the Office of Field Operations within CBP, who are deemed essential and excepted from furlough, continue to receive their salaries and cover their expenses during any lapse in discretionary appropriations. This would apply to shutdowns occurring on or after the enactment of the bill.
The bill allocates funds from the Treasury's general fund, specifically those not already designated for other purposes. The intended effect is to maintain border security and customs operations during government shutdowns.
Introduced in the House of Representatives on September 10, 2025, the bill was referred to the Committee on Appropriations.
Expected Effects
The primary effect of this bill would be to ensure that essential CBP personnel continue to be paid during government shutdowns. This would prevent disruptions to border security and customs operations.
It would also provide financial security to the affected employees, preventing potential hardship during a lapse in appropriations. The bill's impact is limited to fiscal year 2026 and future shutdowns occurring after its enactment.
Potential Benefits
- Ensures continued border security operations during government shutdowns.
- Provides financial stability for Border Patrol and Customs agents during lapses in appropriations.
- Maintains essential services related to trade and travel.
- Reduces potential disruptions to the flow of goods and people across borders.
- Supports national security by ensuring CBP personnel are on duty.
Potential Disadvantages
- The bill appropriates funds from the general treasury, potentially increasing the budget deficit.
- It addresses only a specific group of employees, which could be perceived as inequitable by other federal workers.
- The bill does not address the root causes of government shutdowns, serving as a temporary fix rather than a long-term solution.
- It is limited to fiscal year 2026, requiring future action to address subsequent shutdowns.
- The "necessary sums" allocation lacks a specific monetary cap, which could lead to unforeseen spending.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the constitutional principle of providing for the common defense and ensuring domestic tranquility, as outlined in the Preamble. It also falls under Congress's power of the purse, as detailed in Article I, Section 8, which grants Congress the authority to collect taxes and allocate funds for the general welfare of the United States.
However, the bill's reliance on general treasury funds could raise concerns about fiscal responsibility and the potential for increasing the national debt. The appropriations must be consistent with the broader constitutional framework governing federal spending.
The bill does not appear to infringe upon any specific individual rights or liberties protected by the Constitution or its amendments.
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).