,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #gcbb  ,,in ,,the ,,house ,,of  
,,representatives  ,february #b1        
#bjbf,mr4 ,walkinshaw 7for himself1 ,mr4
 ,beyer1 ,ms4 ,norton1 ,mr4 ,raskin1    
,mr4 ,subramanyam1 ,mr4 ,mfume1 and ,mr4
 ,vindman7 introduced the following     
bill2 which was referred to the         
,committee on ,oversight and ,government
 ,reform1 and in addition to the        
,committees on ,appropriations1 ,house  
,administration1 the ,judiciary1 and    
,armed ,services1 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 provide for              
appropriations to pay ,federal employees
 and contractors during periods of      
lapses in appropriations in fiscal year 
#bjbf1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,true ,shutdown ,fairness ,act4  #b4
 ,payment of employees and contractors  

during shutdowns  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       
,district of ,columbia public employer  
described in clause 7i7 or 7ii7 of      
section #acda7;c77#a77;,b7 of title #ca1
 ,united ,states ,code 7as in effect on 
the day before the date of enactment of 
this ,act72  7#b7 the term contract     
employee means an employee of a         
contractor for whom a lapse in regular  
appropriations could suspend1 delay1 or 
interrupt 7or1 if there is an ongoing   
lapse in regular appropriations on the  
date of enactment of this ,act1 for whom
 the lapse in regular appropriations    
suspended1 delayed1 or interrupted7 all 
or part of the work of the applicable   
contract1 or could stop 7or stopped7 all
 or part of the work called for in that 
contract1 including-- 7,a7 a service    
employee1 as defined in section #fgja7c7

 of title #da1 ,united ,states ,code1   
except that an individual covered under 
this subparagraph includes an individual
 described in subparagraph 7,c7 of such 
section #fgja7c72  7,b7 a laborer or    
mechanic with respect to whom section   
#cadb of title #dj1 ,united ,states     
,code1 applies2 and  7,c7 an employee of
 a business concern that holds a        
contract1 subcontract1 or other         
agreement with an agency that provides  
for services or supplies1 including a   
service contract under chapter #fg of   
title #da1 ,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 ,september #cj1    
#bjbf-- 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 
fiscal year #bjbf are not in effect for 
the agency2 and  7#e7 the term standard 
employee compensation means1 with       
respect to a covered employee or a      
contract employee1 the standard rate of 
basic pay1 allowances1 pay              

differentials1 benefits1 and other      
payments otherwise payable on a regular 
basis to the covered employee or        
contract employee4  7b7 ,appropriations 
7#a7 ,in general ,for fiscal year #bjbf1
 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 provide1 with respect to  
the period of the lapse in regular      
appropriations-- 7,a7 standard employee 
compensation to covered employees of the
 agency2 and  7,b7 payments to          
contractors of the agency to provide    
standard employee compensation to       
contract employees with respect to the  
agency1 which shall only be used by     
those contractors to provide standard   
employee compensation to those contract 
employees4  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 lapse in regular   
appropriations2 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 ,price          
adjustment  7#a7 ,in general ,as soon as
 practicable after the date of enactment
 of this ,act1 the head of each agency  
shall adjust the price of any contract  
described in paragraph 7#b7 to          
compensate the applicable contractor for
 reasonable costs incurred1 as described
 in paragraph 7#c71 regardless of       
whether the contract provides for1 or   

otherwise prohibits1 the contractor to  
incur those reasonable costs or receive 
such an adjustment for incurring those  
reasonable costs4  7#b7 ,contract       
described ,a contract is described in   
this paragraph if the contract is a     
contract of an agency for which1 as a   
result of a lapse in regular            
appropriations occurring before the date
 of enactment of this ,act1 the         
contractor-- 7,a7 suspended1 delayed1 or
 interrupted all or part of the work    
under that contract2  7,b7 stopped all  
or any part of the work called for in   
the contract2 or  7,c7 with respect to a
 lapse in regular appropriations        
beginning after the date of enactment of
 this ,act1 could take an action        
described in subparagraph 7,a7 or 7,b74 
7#c7 ,reasonable costs described        
,reasonable costs described in this     
paragraph are costs actually incurred by
 the applicable contractor-- 7,a7 to    
provide standard employee compensation  
for the period of the applicable lapse  

in regular appropriations1 at the       
standard rate of compensation1 to any   
contract employee employed by the       
contractor who1 as a result of that     
lapse in regular appropriations-- 7i7   
was furloughed or laid off2  7ii7 was   
otherwise not working2  7iii7           
experienced a reduction of hours2 or    
7iv7 experienced a reduction in         
compensation2 or  7,b7 to restore paid  
leave taken by any contract employee    
described in subparagraph 7,a7 during   
the applicable lapse in regular         
appropriations1 if the contractor       
required or permitted employees of the  
contractor to use paid leave as a result
 of that lapse in regular               
appropriations4  7#d7 ,evidence ,a      
contractor seeking an adjustment under  
paragraph 7#a7 shall provide the head of
 the applicable agency any evidence of  
the reasonable costs incurred by the    
contractor described in paragraph 7#c7  
as the head of the agency1 in           
consultation with the ,administrator of 

the ,office of ,federal ,procurement    
,policy1 considers appropriate4  7d7    
,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 fiscal year #bjbf 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 fiscal year     
#bjbf 7including a continuing           
appropriation7 without any appropriation
 for such purposes4  7e7 ,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 compensation or a
 contractor is provided payment to      
provide a contract employee with        
standard employee compensation1         
respectively1 using amounts other than  
amounts provided under subsection 7b74  
7f7 ,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  7g7 ,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  7h7 ,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  7i7 ,terms and conditions ,for
 fiscal year #bjbf1 standard employee   
compensation provided to covered        
employees1 and payments to contractors  
to provide standard employee            
compensation to contract employees1     
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 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 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  7j7         
,authorization ,to obligate and expend  
funds ,funds appropriated by this       
section 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  7k7 ,rules of          
construction  7#a7 ,standard employee   
compensation ,this section shall be     
construed to provide each covered       

employee and contract employee with     
standard employee compensation for the  
period of the lapse in regular          
appropriations as if the covered        
employee or contract employee was       
performing the duties of the covered    
employee or contract 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 during any period during which 
there is not a lapse in regular         
appropriations4  7l7 ,agency activities 
7#a7 ,in general ,covered employees and 
contract employees 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 section4 
#c4 ,limitation on reductions in force  
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 ,district of ,columbia    
public employer described in clause 7i7 
or 7ii7 of section #acda7;c77#a77;,b7 of
 title #ca1 ,united ,states ,code 7as in
 effect on the day before the date of   
enactment of this ,act72 and  7#b7 the  
term lapse in regular appropriations1   
with respect to an agency1 means any    
period during which interim or full-year
 appropriations for fiscal year #bjbf   
are not in effect for the agency4  7b7  
,prohibition ,during a lapse in regular 
appropriations1 none of the funds made  
available by this or any other ,act may 
be used to-- 7#a7 propose or implement a
 reduction in force1 or any similar     
effort1 to permanently reduce the number
 of employees employed by an agency2 or 

7#b7 place any employee of an agency in 
administrative leave for more than #aj  
work days in any calendar year4  7c7    
,rule of construction ,nothing in this  
section may be construed to affect a    
voluntary separation payment offered to 
an employee under section #cebc of title
 #e1 ,united ,states ,code4