[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Pages S3844-S3845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6641. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. APPROPRIATIONS FOR PAY AND ALLOWANCES OF FEDERAL
EMPLOYEES, CONTRACT EMPLOYEES, AND MEMBERS OF
THE UNIFORMED SERVICES.
(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 ``covered contractor'' means a contractor--
(A) with which an agency has a contract; and
(B) that, under the contract described in subparagraph
(A)--
(i) provides support to an employee described in paragraph
(3)(A); and
(ii) is required to perform work during a lapse in regular
appropriations with respect to the agency to which the
contractor provides support, as described in clause (i),
based on a determination by the head of that agency that
incurring an obligation to pay for that support in advance of
available appropriations would be permissible under
applicable law, including section 1341 of title 31, 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 the date of enactment of this Act--
(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 uniformed services 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 uniformed services (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 the applicable fiscal year
are not in effect for the agency; and
(5) the term ``standard employee compensation'' means, with
respect to a covered employee, the standard rate of basic
pay, allowances, pay differentials, benefits, and other
payments otherwise payable on a regular basis to the covered
employee.
(b) Appropriations.--
(1) In general.--For fiscal year 2027, and any fiscal year
thereafter, 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--
(A) standard employee compensation to covered employees of
the agency with respect to the period of the lapse in regular
appropriations; and
[[Page S3845]]
(B) payment to covered contractors with respect to work
that those covered contractors are required to perform for
the agency during the period of the lapse in regular
appropriations, pursuant to the terms of applicable contracts
with those covered contractors.
(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 period; 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) 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 the applicable fiscal year (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 the applicable fiscal year (including a
continuing appropriation) without any appropriation for such
purposes.
(d) 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 covered contractor is provided
payment for performance of the applicable contract,
respectively, using amounts other than amounts provided under
subsection (b).
(e) 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.
(f) 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.
(g) 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.
(h) Terms and Conditions.--For fiscal year 2027, and each
fiscal year thereafter, standard employee compensation, and
payments to covered contractors, provided by an agency using
amounts provided under subsection (b) shall be subject to 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 the Act that provided
appropriations for the agency to provide standard employee
compensation, or payment to covered contractors,
respectively, immediately before the lapse in regular
appropriations.
(i) 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)).
(j) Rules of Construction.--
(1) Standard employee compensation.--This section shall be
construed to provide each covered employee with standard
employee compensation for the period of the lapse in regular
appropriations as if the covered employee was performing the
duties of the covered 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 with a covered contractor during any
period during which there is not a lapse in regular
appropriations.
(k) Agency Activities.--
(1) In general.--Covered employees and employees of covered
contractors 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.
______