[Congressional Record Volume 165, Number 14 (Wednesday, January 23, 2019)]
[Senate]
[Pages S539-S540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 20. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill H.R. 268, making supplemental appropriations for the 
fiscal year ending September 30, 2019, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1, line, 3, strike ``the following sums'' 
     and all that follows through page 66, line 17, and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Shutdown Fairness Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``agency''--
       (A) means each authority of the legislative and judicial 
     branch of the Government of the United States; and
       (B) with respect to the executive branch of the Government 
     of the United States, has the meaning given the term 
     ``Executive agency'' in section 105 of title 5, United States 
     Code, except that the term shall include the United States 
     Postal Service and the Postal Regulatory Commission;
       (2) the term ``covered individual'' means--
       (A) an excepted employee; and
       (B) a qualified contract employee;
       (3) the term ``excepted employee'' means an employee, as 
     that term is defined in section 2105 of title 5, United 
     States Code, who, during a specified period of time, the head 
     of the agency that employs the employee determines to be 
     performing work as an excepted employee or an employee 
     performing emergency work, as those terms are defined by the 
     Office of Personnel Management; and
       (4) the term ``qualified contract employee'' means an 
     individual performing work under a contract who--
       (A) provides support to an excepted employee; and
       (B) is required to perform work during a lapse in 
     appropriations, as determined by the head of the agency with 
     respect to which the contractor provides support.

     SEC. 3. APPROPRIATIONS.

       (a) In General.--There are appropriated for the fiscal year 
     ending September 30, 2019, out of any money in the Treasury 
     not otherwise appropriated, for any period during which 
     interim or full-year appropriations for that fiscal year are 
     not in effect, such sums as are necessary to provide pay, 
     allowances, and benefits for which a covered individual is 
     otherwise eligible.
       (b) Applicability.--Paragraphs (2) and (3) of section 
     1341(c) of title 31, United States Code, shall not apply with 
     respect to a covered individual that is covered under 
     subsection (a).

[[Page S540]]

       (c) Partial Hours.--If a covered individual performs work 
     covered under subsection (a) for some, but not all, hours in 
     the established work schedule of the covered individual in a 
     pay period, the covered individual shall be placed in a 
     furlough status or other appropriate nonpay status for all 
     hours in that schedule that are not covered under that 
     subsection.
       (d) Rule of Construction.--Nothing in subsection (a) may be 
     construed to permit a covered individual to which that 
     subsection applies to be placed in paid leave or other paid 
     time off status during an applicable lapse in appropriations.

     SEC. 4. RETROACTIVITY AND TERMINATION.

       (a) In General.--Subject to subsection (b), appropriations 
     and funds made available and authority granted under this Act 
     shall be available until whichever of the following first 
     occurs:
       (1) The enactment into law of an appropriation (including a 
     continuing appropriation) for any purpose for which amounts 
     are made available under section 3.
       (2) The enactment into law of the applicable regular or 
     continuing appropriations resolution or other Act without any 
     appropriation for such purpose.
       (3) September 30, 2019.
       (b) Subsequent Lapses.--Appropriations made available under 
     section 3 may not be obligated during any period during which 
     continuing appropriations for any purpose for which amounts 
     are made available under section 3 are in effect.

     SEC. 5. APPLICABILITY TO APPROPRIATION ACTS.

       Appropriations made available under section 3 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.

     SEC. 6. CHARGE TO FUTURE APPROPRIATIONS.

       Expenditures made pursuant to this Act shall be charged to 
     the applicable appropriation, fund, or authorization whenever 
     a bill in which such applicable appropriation, fund, or 
     authorization is contained is enacted into law.

  The PRESIDING OFFICER. The majority leader is recognized.

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