,,ii  #aaith ,,congress  #ast ,session  
,s4 #bifc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #a1   
#bjbe,ms4 ,smith 7for herself1 ,mr4     
,kaine1 ,mr4 ,warner1 ,mr4 ,van ,hollen1
 ,ms4 ,alsobrooks1 ,mr4 ,padilla1 ,ms4  
,duckworth1 ,mr4 ,durbin1 ,ms4 ,baldwin1
 ,ms4 ,warren1 ,mr4 ,heinrich1 ,mr4     
,blumenthal1 ,mr4 ,markey1 ,mr4         
,sanders1 ,ms4 ,rosen1 ,ms4 ,hirono1    
,ms4 ,klobuchar1 ,mrs4 ,shaheen1 ,mr4   
,whitehouse1 ,mr4 ,wyden1 ,mr4 ,schatz1 
,mrs4 ,gillibrand1 ,mr4 ,fetterman1 ,ms4
 ,cortez ,masto1 ,mr4 ,gallego1 ,mr4    
,booker1 ,mr4 ,schiff1 ,ms4 ,blunt      
,rochester1 ,mr4 ,lujn1 ,mr4 ,king1 ,mr4
 ,kim1 ,mr4 ,merkley1 and ,mr4 ,kelly7  
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,homeland ,security and   
,governmental ,affairs  ,a ,,bill  ,to  
provide back pay to ,federal            
contractors1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,fair ,pay for ,federal         

,contractors ,act of #bjbe4  #b4        
,appropriation ,there is hereby         
appropriated1 out of any money in the   
,treasury not otherwise appropriated1   
for the fiscal year ending ,september   
#cj1 #bjbf1 such sums as may be         
necessary for each ,federal agency      
subject to the lapse in appropriations  
that began on or about ,october #a1     
#bjbe1 and any subsequent lapse in      
appropriations occurring during fiscal  
year #bjbf for adjustments in the price 
of contracts of such agency under       
section #c3 ,provided that1 such sums   
shall be available for such purposes    
until ,december #ca1 #bjbf4  #c4 ,back  
compensation for employees of           
,government contractors in connection   
with the lapse in appropriations  7a7   
,back compensation  7#a7 ,in general    
,each ,federal agency subject to the    
lapse in appropriations shall adjust the
 price of any contract of such agency   
for which the contractor suspended1     
delayed1 or interrupted all or part of  

the work of such contract1 or stopped   
all or any part of the work called for  
in such contract1 as a result of the    
lapse in appropriations to compensate   
the contractor for reasonable costs     
incurred-- 7,a7 to provide compensation1
 at an employee's standard rate of      
compensation1 to any employee who was   
furloughed or laid off1 or who was not  
working1 who experienced a reduction of 
hours1 or who experienced a reduction in
 compensation1 as a result of the lapse 
in appropriations 7for the period of the
 lapse72 or  7,b7 to restore paid leave 
taken by any employee during the lapse  
in appropriations1 if the contractor    
required or permitted employees to use  
paid leave as a result of the lapse in  
appropriations4  7#b7 ,adjustment       
notwithstanding contract terms ,an      
adjustment may be made under this       
subsection for costs incurred as        
described in paragraph 7#a7 regardless  
of whether the contract concerned       
provides for1 or otherwise prohibits1   

the contractor to incur such costs or   
receive such an adjustment for incurring
 such costs4  7b7 ,limitation on amount 
of weekly compensation covered by       
adjustment ,the maximum amount of weekly
 compensation of an employee for which  
an adjustment may be made under         
subsection 7a7 may not exceed the lesser
 of-- 7#a7 the employee's actual weekly 
compensation2 or  7#b7 #a1ddb 7or an    
appropriate lesser amount pro-rated for 
an employee who works less than #dj     
hours per week74  7c7 ,scope of         
adjustment authority  7#a7 ,adjustment  
only for costs actually incurred ,an    
adjustment may be made under subsection 
7a7 only for costs actually incurred by 
a contractor as described in paragraph  
7#a7 of that subsection4  7#b7 ,proof of
 provision of compensation ,a contractor
 seeking an adjustment under subsection 
7a7 shall provide the head of the       
,federal agency concerned such evidence 
of the costs incurred by the contractor 
as described in paragraph 7#a7 of that  

subsection as the head of the agency1 in
 consultation with the ,administrator of
 the ,office of ,federal ,procurement   
,policy1 considers appropriate4  7d7    
,timing of adjustments ,the adjustments 
required by subsection 7a7 shall be made
 as soon as practicable after the date  
of the enactment of this ,act4  7e7     
,report  7#a7 ,in general ,not later    
than one year after the date of the     
enactment of this ,act1 the             
,administrator of the ,office of        
,federal ,procurement ,policy shall     
submit to the appropriate committees of 
,congress and make publicly available a 
report on the adjustments made under    
subsection 7a74  7#b7 ,elements ,the    
report required by paragraph 7#a7 shall 
set forth the following3 7,a7 ,each     
,federal agency described in paragraph  
7#a7 of subsection 7a7 that made        
adjustments required by that subsection4
  7,b7 ,for each agency1 the following3 
7i7 ,the total number of contractor and 
subcontractor employees working for such

 agency as of the commencement of the   
lapse in appropriations described in    
subsection 7a77#a74  7ii7 ,the total    
number of contractor employees covered  
by clause 7i7 who were furloughed1 laid 
off1 or did not work as a result of the 
lapse in appropriations4  7iii7 ,the    
total number1 if any1 of employees      
covered by clause 7ii7 who received back
 compensation in connection with the    
furlough1 lay off1 or cessation of work4
  7iv7 ,the total number1 if any1 of    
employees covered by clause 7ii7 who    
were required or permitted to use paid  
leave in place of the furlough1 lay off1
 or cessation of work4  7v7 ,the total  
number1 if any1 of employees covered by 
clause 7ii7 who received back           
compensation equal to such employees'   
actual weekly compensation in connection
 with the furlough1 lay off1 or         
cessation of work4  7vi7 ,the total     
number1 if any1 of employees covered by 
clause 7ii7 who received back           
compensation that was subject to the    

limitation in subsection 7b74  7f7      
,definitions ,in this section3 7#a7 ,the
 term appropriate committees of         
,congress means-- 7,a7 the ,committee on
 ,homeland ,security and ,governmental  
,affairs of the ,senate2 and  7,b7 the  
,committee on ,oversight and ,government
 ,reform of the ,house of               
,representatives4  7#b7 ,the term       
compensation has the meaning given that 
term in section #fgja7a7 of title #da1  
,united ,states ,code4  7#c7 ,the term  
employee means the following3 7,a7 ,a   
service employee as that term is defined
 in section #fgja7c7 of title #da1      
,united ,states ,code1 except that the  
term also includes service employees    
described in subparagraph 7,b7 or 7,c7  
of that section notwithstanding such    
subparagraph4  7,b7 ,a laborer or       
mechanic covered by section #cadb of    
title #dj1 ,united ,states ,code4  #d4  
,authorization of appropriations ,there 
are authorized to be appropriated such  
sums as may be necessary for each       

,federal agency subject to a lapse in   
appropriations for adjustments in the   
price of contracts of such agency under 
section #c4