,,ii ,calendar ,no4 #bfg #aaith ,,congress #ast ,session ,s4 #cafh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #i1 #bjbe,mr4 ,johnson 7for himself1 ,mr4 ,cotton1 ,mr4 ,crapo1 ,mr4 ,lankford1 ,mr4 ,risch1 ,mr4 ,sullivan1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read the first time ,november #aj1 #bjbe,read the second time and placed on the calendar ,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 contractor includes a contractor at any tier2 7#c7 the term covered contract employee1 with respect to a contractor of an agency-- 7,a7 means an employee of the contractor who-- 7i7 provides support to an employee described in paragraph 7#d77;,a72 and 7ii7 is required to perform work during a lapse in regular appropriations with respect to the agency to which the employee of the contractor provides support1 as determined by the head of that agency2 and 7,b7 only includes an individual described in subparagraph 7,a7 who was an employee of a contractor on1 or had accepted an offer of employment with the contractor on or before1 the day before the date on which the applicable lapse in regular appropriations began2 7#d7 the term covered employee-- 7,a7 means each employee of an agency1 without regard to whether1 during 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 covered individual contractor of an agency2 7ii7 a member of the ,armed ,forces on active duty2 and 7iii7 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 employee1 contractor1 or member on1 or had accepted an offer of employment with the agency1 agreed to become a contractor of the agency1 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#e7 the term covered individual contractor1 with respect to an agency1 means an individual who is a contractor of the agency who-- 7,a7 provides support to an employee described in paragraph 7#d77;,a72 and 7,b7 is required to perform work during a lapse in regular appropriations with respect to the agency to which the individual provides support1 as determined by the head of that agency2 7#f7 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#g7 the term standard employee compensation means1 with respect to a covered employee or covered 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 covered contract 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 contractors of the agency to be used by the contractors to provide standard employee compensation to covered contract employees of the contractor4 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 with respect to the period beginning on ,october #a1 #bjbe1 and ending 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 to provide standard employee compensation to a covered employee1 or to provide payment to a contractor of the agency to provide standard employee compensation to a covered contract employee of the contractor1 for any portion of a lapse in regular appropriations for which the covered employee is provided with standard employee compensation1 or contractor is provided payment to provide standard employee compensation to covered contract employees of the contractor1 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 to provide standard employee compensation to covered employees and to provide payment to contractors of the agency to be used by the contractors to provide standard employee compensation to covered contract employees of the contractors2 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 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 contractors1 respectively1 by the agency under the ,act that provided appropriations for the agency to provide standard employee compensation1 or payment to contractors1 respectively1 immediately before the lapse in regular appropriations4 7#b7 ,fiscal year #bjbf ,for fiscal year #bjbf1 standard employee compensation1 and payments to 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 contractors1 respectively1 by the agency under the ,full-,year ,continuing ,appropriations and ,extensions ,act1 #bjbe 7,public ,law #aai-d2 #aci ,stat4 #i74 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 ,rule of construction ,this section shall be construed to provide each covered employee with standard employee compensation1 and to authorize payment to any contractor to provide standard employee compensation to each covered contract employee of the contractor1 without regard to whether the covered employee or covered contract employee was previously or is subject to furlough for any portion of a lapse in regular appropriations1 for the period of the lapse in regular appropriations as if the covered employee or covered contract employee was performing the duties of the covered employee or covered contract employee during the lapse in regular appropriations4 7k7 ,agency activities 7#a7 ,in general ,covered employees and covered 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 ,act4 7l7 ,retroactive effective date ,this ,act shall take effect as if enacted on ,september #cj1 #bjbe4 ,november #aj1 #bjbe,read the second time and placed on the calendar