,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gacg ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjbf,mr4 ,johnson of ,south ,dakota 7for himself1 ,mr4 ,gottheimer1 ,mr4 ,mackenzie1 ,ms4 ,goodlander1 ,mr4 ,mann1 ,mr4 ,panetta1 ,mr4 ,wittman1 ,mr4 ,carbajal1 ,mr4 ,steil1 ,mr4 ,golden of ,maine1 ,mr4 ,fitzpatrick1 ,mr4 ,soto1 ,mr4 ,bresnahan1 ,mr4 ,krishnamoorthi1 ,mr4 ,garbarino1 and ,mr4 ,davis of ,north ,carolina7 introduced the following bill2 which was referred to the ,committee on ,appropriations1 and in addition to the ,committees on ,armed ,services1 ,oversight and ,government ,reform1 ,house ,administration1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to appropriate funds for pay and allowances of ,federal employees1 contract employees1 and members of the ,armed ,forces during a lapse in appropriations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shutdown ,fairness ,act4 #b4 ,appropriations 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means each authority of the executive1 legislative1 or judicial branch of the ,government of the ,united ,states2 and 7,b7 includes each element of the ,district of ,columbia public employer1 as defined in section #acda7;c7 of title #ca1 ,united ,states ,code2 7#b7 the term covered contractor means a contractor-- 7,a7 with which an agency has a contract2 and 7,b7 that1 under the contract described in subparagraph 7,a7-- 7i7 provides support to an employee described in paragraph 7#c77;,a72 and 7ii7 is required to perform work during a lapse in regular appropriations with respect to the agency to which the contractor provides support1 as described in clause 7i71 based on a determination by the head of that agency that incurring an obligation to pay for that support in advance of available appropriations would be permissible under applicable law1 including section #acda of title #ca1 ,united ,states ,code2 7#c7 the term covered employee-- 7,a7 means each employee of an agency1 without regard to whether1 for any portion of the period beginning on ,october #a1 #bjbe1 and ending on the date of enactment of this ,act-- 7i7 the head of that agency determined that the individual was an excepted employee or an employee performing emergency work2 or 7ii7 the individual was subject to furlough2 7,b7 includes-- 7i7 a member of the ,armed ,forces on active duty2 and 7ii7 a member of a reserve component who1 during a lapse in regular appropriations with respect to the applicable agency1 performs active service or inactive duty training2 and 7,c7 only includes an individual described in subparagraph 7,a7 or 7,b7 who was an employee or member on1 or had accepted an offer of employment with the agency or had enlisted in or accepted an appointment to the ,armed ,forces 7including a reserve component7 on or before1 the day before the date on which the applicable lapse in regular appropriations began2 7#d7 the term lapse in regular appropriations1 with respect to an agency1 means any period during which interim or full-year appropriations for the applicable fiscal year are not in effect for the agency2 and 7#e7 the term standard employee compensation means1 with respect to a covered employee1 the standard rate of basic pay1 allowances1 pay differentials1 benefits1 and other payments otherwise payable on a regular basis to the covered employee4 7b7 ,appropriations 7#a7 ,in general ,for fiscal year #bjbf1 and any fiscal year thereafter1 for any lapse in regular appropriations with respect to an agency1 there are appropriated to the head of the agency1 out of any money in the ,treasury not otherwise appropriated1 such sums as are necessary to provide-- 7,a7 standard employee compensation to covered employees of the agency with respect to the period of the lapse in regular appropriations2 and 7,b7 payment to covered contractors with respect to work that those covered contractors are required to perform for the agency during the period of the lapse in regular appropriations1 pursuant to the terms of applicable contracts with those covered contractors4 7#b7 ,agency requirement ,the head of each agency to whom amounts are made available under paragraph 7#a7 shall provide standard employee compensation to covered employees of the agency-- 7,a7 if there is a lapse in regular appropriations ongoing on the date of enactment of this ,act1 as soon as is practicable1 but not later than #g days after the date of enactment of this ,act1 without regard to-- 7i7 scheduled pay dates2 or 7ii7 whether the covered employee was subject to furlough during such period2 and 7,b7 with respect to any period of a lapse in regular appropriations beginning on or after the date of enactment of this ,act1 on the regularly scheduled pay dates of the covered employees4 7c7 ,termination ,appropriations and funds made available and authority granted under subsection 7b7 shall be available to the head of an agency until whichever of the following first occurs3 7#a7 ,the enactment into law of appropriations for the agency until the end of the applicable fiscal year 7including a continuing appropriation7 that provide amounts for the purposes for which amounts are made available under subsection 7b74 7#b7 ,the enactment into law of appropriations for the agency until the end of the applicable fiscal year 7including a continuing appropriation7 without any appropriation for such purposes4 7d7 ,limitation to individuals affected by a shutdown ,amounts provided under subsection 7b7 may not be used for a purpose described in subparagraph 7,a7 or 7,b7 of subsection 7b77#a7 for any portion of a lapse in regular appropriations for which a covered employee is provided with standard employee compensation1 or a covered contractor is provided payment for performance of the applicable contract1 respectively1 using amounts other than amounts provided under subsection 7b74 7e7 ,interim continuing appropriations ,appropriations made available under subsection 7b7 may not be obligated by the head of an agency during any period during which continuing appropriations for the purposes for which amounts are made available under subsection 7b7 are in effect for the agency4 7f7 ,charging to future appropriations ,expenditures made pursuant to subsection 7b7 shall be charged to the applicable appropriation1 fund1 or authorization whenever an ,act in which such applicable appropriation1 fund1 or authorization is included is enacted into law4 7g7 ,limitation on transfer authority ,notwithstanding any other provision of law 7including any appropriation ,act71 the amounts provided under subsection 7b7-- 7#a7 shall be available solely for a purpose described in subparagraph 7,a7 or 7,b7 of subsection 7b77#a72 and 7#b7 may not be transferred1 reprogrammed1 obligated1 or expended for any other purpose4 7h7 ,terms and conditions 7#a7 ,in general ,for fiscal year #bjbg1 and each fiscal year thereafter1 standard employee compensation1 and payments to covered contractors1 provided by an agency using amounts provided under subsection 7b7 shall be subject to the requirements1 authorities1 conditions1 and limitations applicable with respect to the provision of standard employee compensation1 or payment to covered contractors1 respectively1 by the agency under the ,act that provided appropriations for the agency to provide standard employee compensation1 or payment to covered contractors1 respectively1 immediately before the lapse in regular appropriations4 7#b7 ,fiscal year #bjbf ,for fiscal year #bjbf1 standard employee compensation1 and payments to covered contractors1 provided by an agency using amounts provided under subsection 7b7 shall be subject to-- 7,a7 the requirements1 authorities1 conditions1 and limitations applicable with respect to the provision of standard employee compensation1 or payment to covered contractors1 respectively1 by the agency under the ,continuing ,appropriations ,act1 #bjbf 7division ,a of ,public ,law #aai-cg72 or 7,b7 if an ,act is enacted after the date of enactment of the ,continuing ,appropriations ,act1 #bjbf 7division ,a of ,public ,law #aai-cg7 that provides continuing appropriations for fiscal year #bjbf for the agency to provide standard employee compensation1 or payment to covered contractors1 respectively1 the requirements1 authorities1 conditions1 and limitations applicable with respect to the provision of standard employee compensation1 or payment to covered contractors1 respectively1 by the agency under that subsequently enacted ,act4 7i7 ,authorization ,to obligate and expend funds ,funds appropriated by this ,act may be obligated and expended notwithstanding section #ae of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfhj7 and section #ejd7;a77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid7;a77#a774 7j7 ,rules of construction 7#a7 ,standard employee compensation ,this section shall be construed to provide each covered employee with standard employee compensation for the period of the lapse in regular appropriations as if the covered employee was performing the duties of the covered employee during the lapse in regular appropriations4 7#b7 ,no change in agency responsibilities ,nothing in this section may be construed to require an agency to take any action that the agency is not required to take under the terms of a contract with a covered contractor during any period during which there is not a lapse in regular appropriations4 7k7 ,agency activities 7#a7 ,in general ,covered employees and employees of covered contractors shall perform their typical duties to the maximum extent practicable during a lapse in regular appropriations4 7#b7 ,other obligations or expenditures ,this section does not authorize or necessarily imply that an agency or employee may incur any obligations or expenditures that are not explicitly authorized by this ,act4