Shutdown Fairness Act

II 116TH CONGRESS 1ST SESSION S. 113 To appropriate funds for pay and allowances of excepted Federal employees, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 14, 2019 Mr. JOHNSON (for himself, Ms. COLLINS, Ms. MURKOWSKI, Mr. YOUNG, Mr. ALEXANDER, Mr. CRAMER, Mr. LANKFORD, and Mr. PORTMAN) intro- duced the following bill; which was read twice and referred to the Com- mittee on Appropriations A BILL To appropriate funds for pay and allowances of excepted Federal employees, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Shutdown Fairness 4 Act’’. 5 SEC. 2. APPROPRIATIONS. 6 (a) DEFINITIONS.—In this section— 7 VerDate Sep 11 2014 02:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S113.IS S113 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 113 IS (1) the term ‘‘agency’’ means each authority of 1 the executive, legislative, or judicial branch of the 2 Government of the United States; and 3 (2) the term ‘‘excepted employee’’— 4 (A) means an employee of an agency who 5 the head of that agency determines is an ex- 6 cepted employee or an employee performing 7 emergency work, as those terms are defined by 8 the Office of Personnel Management; and 9 (B) includes a contractor who— 10 (i) provides support to an employee 11 described in subparagraph (A); and 12 (ii) is required to perform work dur- 13 ing a lapse in appropriations, as deter- 14 mined by the head of the agency with re- 15 spect to which the contractor provides sup- 16 port. 17 (b) APPROPRIATIONS.—There are appropriated for 18 the fiscal year ending September 30, 2019, out of any 19 money in the Treasury not otherwise appropriated, for any 20 period during which interim or full-year appropriations for 21 that fiscal year are not in effect, such sums as are nec- 22 essary to provide pay and allowances to excepted employ- 23 ees who are required to perform work during that period. 24 VerDate Sep 11 2014 02:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S113.IS S113 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 113 IS (c) TERMINATION.—Subject to subsection (d), appro- 1 priations and funds made available and authority granted 2 under subsection (b) shall be available until whichever of 3 the following first occurs: 4 (1) The enactment into law of an appropriation 5 (including a continuing appropriation) for any pur- 6 pose for which amounts are made available under 7 subsection (b). 8 (2) The enactment into law of the applicable 9 regular or continuing appropriations resolution or 10 other Act without any appropriation for such pur- 11 pose. 12 (3) January 1, 2020. 13 (d) SUBSEQUENT LAPSES.—Appropriations made 14 available under subsection (b) may not be obligated during 15 any period during which continuing appropriations for any 16 purpose for which amounts are made available under sub- 17 section (b) are in effect. 18 Æ VerDate Sep 11 2014 02:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S113.IS S113 pamtmann on DSKBFK8HB2PROD with BILLS