[Congressional Record Volume 171, Number 213 (Wednesday, December 17, 2025)]
[Senate]
[Pages S8858-S8859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4112. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3951 submitted by Ms. Collins and intended to
be proposed to the bill H.R. 4016, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2026,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in the matter preceding division
A, insert the following:
SEC. ___. TRUE SHUTDOWN FAIRNESS.
(a) Definitions.--In this section--
(1) the term ``agency''--
(A) means each authority of the executive, legislative, or
judicial branch of the Government of the United States; and
(B) includes each element of the District of Columbia
public employer, as defined in section 1341(c) of title 31,
United States Code;
(2) the term ``contract employee'' means an employee of a
contractor for whom a lapse in regular appropriations could
suspend, delay, or interrupt (or, if there is an ongoing
lapse in regular appropriations on the date of enactment of
this Act, for whom the lapse in regular appropriations
suspended, delayed, or interrupted) all or part of the work
of the applicable contract, or could stop (or stopped) all or
part of the work called for in that contract, including--
(A) a service employee, as defined in section 6701(3) of
title 41, United States Code, except that an individual
covered under this subparagraph includes an individual
described in subparagraph (C) of such section 6701(3);
(B) a laborer or mechanic with respect to whom section 3142
of title 40, United States Code, applies; and
(C) an employee of a business concern that holds a
contract, subcontract, or other agreement with an agency that
provides for services or supplies, including a service
contract under chapter 67 of title 41, United States Code;
(3) the term ``covered employee''--
(A) means each employee of an agency, without regard to
whether, for any portion of the period beginning on October
1, 2025, and ending on September 30, 2026--
(i) the head of that agency determined that the individual
was an excepted employee or an employee performing emergency
work; or
(ii) the individual was subject to furlough;
(B) includes--
(i) a member of the Armed Forces on active duty; and
(ii) a member of a reserve component who, during a lapse in
regular appropriations with respect to the applicable agency,
performs active service or inactive duty training; and
(C) only includes an individual described in subparagraph
(A) or (B) who was an employee or member on, or had accepted
an offer of employment with the agency or had enlisted in or
accepted an appointment to the Armed Forces (including a
reserve component) on or before, the day before the date on
which the applicable lapse in regular appropriations began;
(4) the term ``lapse in regular appropriations'', with
respect to an agency, means any period during which interim
or full-year appropriations for fiscal year 2026 are not in
effect for the agency; and
(5) the term ``standard employee compensation'' means, with
respect to a covered employee or a contract employee, the
standard rate of basic pay, allowances, pay differentials,
benefits, and other payments otherwise payable on a regular
basis to the covered employee or contract employee.
(b) Appropriations.--
(1) In general.--For fiscal year 2026, for any lapse in
regular appropriations with respect to an agency, there are
appropriated to the head of the agency, out of any money in
the Treasury not otherwise appropriated, such sums as are
necessary to provide, with respect to the period of the lapse
in regular appropriations--
(A) standard employee compensation to covered employees of
the agency; and
(B) payments to contractors of the agency to provide
standard employee compensation to contract employees with
respect to the agency, which shall only be used by those
contractors to provide standard employee compensation to
those contract employees.
(2) Agency requirement.--The head of each agency to whom
amounts are made available under paragraph (1) shall provide
standard employee compensation to covered employees of the
agency--
(A) if there is a lapse in regular appropriations ongoing
on the date of enactment of this Act, as soon as is
practicable, but not later than 7 days after the date of
enactment of this Act, without regard to--
(i) scheduled pay dates; or
(ii) whether the covered employee was subject to furlough
during such lapse in regular appropriations; and
(B) with respect to any period of a lapse in regular
appropriations beginning on or after the date of enactment of
this Act, on the regularly scheduled pay dates of the covered
employees.
(c) Price Adjustment.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the head of each agency shall adjust
the price of any contract described in paragraph (2) to
compensate the applicable contractor for reasonable costs
incurred, as described in paragraph (3), regardless of
whether the contract provides for, or otherwise prohibits,
the contractor to incur those reasonable costs or receive
such an adjustment for incurring those reasonable costs.
(2) Contract described.--A contract is described in this
paragraph if the contract is a contract of an agency for
which, as a result of a lapse in regular appropriations
occurring before the date of enactment of this Act, the
contractor--
(A) suspended, delayed, or interrupted all or part of the
work under that contract;
(B) stopped all or any part of the work called for in the
contract; or
(C) with respect to a lapse in regular appropriations
beginning after the date of enactment of this Act, could take
an action described in subparagraph (A) or (B).
(3) Reasonable costs described.--Reasonable costs described
in this paragraph are costs actually incurred by the
applicable contractor--
(A) to provide standard employee compensation for the
period of the applicable lapse in regular appropriations, at
the standard rate of compensation, to any contract employee
employed by the contractor who, as a result of that lapse in
regular appropriations--
(i) was furloughed or laid off;
(ii) was otherwise not working;
(iii) experienced a reduction of hours; or
(iv) experienced a reduction in compensation; or
(B) to restore paid leave taken by any contract employee
described in subparagraph (A) during the applicable lapse in
regular appropriations, if the contractor required or
permitted employees of the contractor to use paid leave as a
result of that lapse in regular appropriations.
(4) Evidence.--A contractor seeking an adjustment under
paragraph (1) shall provide the head of the applicable agency
any evidence of the reasonable costs incurred by the
contractor described in paragraph (3) as the head of the
agency, in consultation with the Administrator of the Office
of Federal Procurement Policy, considers appropriate.
(d) Termination.--Appropriations and funds made available
and authority granted under subsection (b) shall be available
to the head of an agency until whichever of the following
first occurs:
(1) The enactment into law of appropriations for the agency
until the end of fiscal year 2026 (including a continuing
appropriation) that provide amounts for the purposes for
which amounts are made available under subsection (b).
(2) The enactment into law of appropriations for the agency
until the end of fiscal year 2026 (including a continuing
appropriation) without any appropriation for such purposes.
(e) Limitation to Individuals Affected by a Shutdown.--
Amounts provided under subsection (b) may not be used for a
purpose described in subparagraph (A) or (B) of subsection
(b)(1) 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
compensation, respectively, using amounts other than amounts
provided under subsection (b).
(f) Interim Continuing Appropriations.--Appropriations made
available under subsection (b) 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 (b) are in effect for the agency.
(g) Charging to Future Appropriations.--Expenditures made
pursuant to subsection (b) shall be charged to the applicable
appropriation, fund, or authorization whenever an Act in
which such applicable appropriation, fund, or authorization
is included is enacted into law.
(h) Limitation on Transfer Authority.--Notwithstanding any
other provision of law (including any appropriation Act), the
amounts provided under subsection (b)--
(1) shall be available solely for a purpose described in
subparagraph (A) or (B) of subsection (b)(1); and
(2) may not be transferred, reprogrammed, obligated, or
expended for any other purpose.
(i) Terms and Conditions.--For fiscal year 2026, standard
employee compensation provided to covered employees, and
payments to contractors to provide standard employee
compensation to contract employees, provided by an agency
using amounts provided under subsection (b) shall be subject
to--
(1) the requirements, authorities, conditions, and
limitations applicable with respect to the provision of
standard employee compensation, or payment to contractors,
respectively, by the agency under the Continuing
Appropriations Act, 2026 (division A of Public Law 119-37);
or
(2) if an Act is enacted after the date of enactment of the
Continuing Appropriations Act, 2026 (division A of Public Law
119-37)
[[Page S8859]]
that provides continuing appropriations for fiscal year 2026
for the agency to provide standard employee compensation, or
payment to contractors, respectively, the requirements,
authorities, conditions, and limitations applicable with
respect to the provision of standard employee compensation,
or payment to covered contractors, respectively, by the
agency under that subsequently enacted Act.
(j) Authorization to Obligate and Expend Funds.--Funds
appropriated by this section may be obligated and expended
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680) and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
(k) Rules of Construction.--
(1) 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 appropriations.
(2) 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 appropriations.
(l) Agency Activities.--
(1) In general.--Covered employees and contract employees
shall perform their typical duties to the maximum extent
practicable during a lapse in regular appropriations.
(2) 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 section.
SEC. ___. LIMITATION ON REDUCTIONS IN FORCE.
(a) Definitions.--In this section--
(1) the term ``agency''--
(A) means each authority of the executive, legislative, or
judicial branch of the Government of the United States; and
(B) includes each element of the District of Columbia
public employer, as defined in section 1341(c) of title 31,
United States Code; and
(2) the term ``lapse in regular appropriations'', with
respect to an agency, means any period during which interim
or full-year appropriations for fiscal year 2026 are not in
effect for the agency.
(b) Prohibition.--During a lapse in regular appropriations,
none of the funds made available by this or any other Act may
be used to--
(1) propose or implement a reduction in force, or any
similar effort, to permanently reduce the number of employees
employed by an agency; or
(2) place any employee of an agency in administrative leave
for more than 10 work days in any calendar year.
(c) Rule of Construction.--Nothing in this section may be
construed to affect a voluntary separation payment offered to
an employee under section 3523 of title 5, United States
Code.
______