S.Amdt. 20

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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