II 

118TH CONGRESS 

1ST SESSION S. 3008 

To provide back pay to Federal contractors, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 3, 2023 

Ms. SMITH (for herself, Mr. BROWN, Mr. KAINE, Mr. WARNER, Mr. CARDIN, 

Mr. VAN HOLLEN, Mr. SCHATZ, Mr. FETTERMAN, Ms. CORTEZ MASTO, 

Ms. WARREN, Ms. DUCKWORTH, Mr. WYDEN, Mr. LUJA ́N, Mr. SANDERS, 

Mr. MARKEY, Mr. BLUMENTHAL, Ms. HIRONO, Ms. STABENOW, Mr. 

CASEY, Mr. DURBIN, Mr. KING, Ms. KLOBUCHAR, Mr. WELCH, Mr. 

PADILLA, Mr. MERKLEY, Mr. HEINRICH, Ms. CANTWELL, and Mr. 

WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide back pay to Federal contractors, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Pay for Federal 

5 Contractors Act of 2023’’. 

6 SEC. 2. APPROPRIATION. 

7 There is hereby appropriated, out of any money in 

8 the Treasury not otherwise appropriated, for the fiscal 


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1 year ending September 30, 2023, such sums as may be 

2 necessary for each Federal agency subject to the lapse in 

3 appropriations that began on or about October 1, 2023, 

4 and any subsequent lapse in appropriations occurring dur5 ing fiscal year 2024 for adjustments in the price of con6 tracts of such agency under section 3: Provided that, such 

7 sums shall be available for such purposes until December 

8 31, 2024. 

9 SEC. 3. BACK COMPENSATION FOR EMPLOYEES OF GOV10 ERNMENT CONTRACTORS IN CONNECTION 

11 WITH THE LAPSE IN APPROPRIATIONS. 

12 (a) BACK COMPENSATION.— 

13 (1) IN GENERAL.—Each Federal agency subject 

14 to the lapse in appropriations shall adjust the price 

15 of any contract of such agency for which the con16 tractor suspended, delayed, or interrupted all or part 

17 of the work of such contract, or stopped all or any 

18 part of the work called for in such contract, as a re19 sult of the lapse in appropriations to compensate the 

20 contractor for reasonable costs incurred— 

21 (A) to provide compensation, at an employ22 ee’s standard rate of compensation, to any em23 ployee who was furloughed or laid off, or who 

24 was not working, who experienced a reduction 

25 of hours, or who experienced a reduction in 


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1 compensation, as a result of the lapse in appro2 priations (for the period of the lapse); or 

3 (B) to restore paid leave taken by any em4 ployee during the lapse in appropriations, if the 

5 contractor required or permitted employees to 

6 use paid leave as a result of the lapse in appro7 priations. 

8 (2) ADJUSTMENT NOTWITHSTANDING CON9 TRACT TERMS.—An adjustment may be made under 

10 this subsection for costs incurred as described in 

11 paragraph (1) regardless of whether the contract 

12 concerned provides for, or otherwise prohibits, the 

13 contractor to incur such costs or receive such an ad14 justment for incurring such costs. 

15 (b) LIMITATION ON AMOUNT OF WEEKLY COM16 PENSATION COVERED BY ADJUSTMENT.—The maximum 

17 amount of weekly compensation of an employee for which 

18 an adjustment may be made under subsection (a) may not 

19 exceed the lesser of— 

20 (1) the employee’s actual weekly compensation; 

21 or 

22 (2) $1,442 (or an appropriate lesser amount 

23 pro-rated for an employee who works less than 40 

24 hours per week). 

25 (c) SCOPE OF ADJUSTMENT AUTHORITY.— 


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1 (1) ADJUSTMENT ONLY FOR COSTS ACTUALLY

2 INCURRED.—An adjustment may be made under 

3 subsection (a) only for costs actually incurred by a 

4 contractor as described in paragraph (1) of that sub5 section. 

6 (2) PROOF OF PROVISION OF COMPENSATION.— 

7 A contractor seeking an adjustment under sub8 section (a) shall provide the head of the Federal 

9 agency concerned such evidence of the costs incurred 

10 by the contractor as described in paragraph (1) of 

11 that subsection as the head of the agency, in con12 sultation with the Administrator of the Office of 

13 Federal Procurement Policy, considers appropriate. 

14 (d) TIMING OF ADJUSTMENTS.—The adjustments re15 quired by subsection (a) shall be made as soon as prac16 ticable after the date of the enactment of this Act. 

17 (e) REPORT.— 

18 (1) IN GENERAL.—Not later than one year 

19 after the date of the enactment of this Act, the Ad20 ministrator of the Office of Federal Procurement 

21 Policy shall submit to the appropriate committees of 

22 Congress and make publicly available a report on the 

23 adjustments made under subsection (a). 

24 (2) ELEMENTS.—The report required by para25 graph (1) shall set forth the following: 


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1 (A) Each Federal agency described in 

2 paragraph (1) of subsection (a) that made ad3 justments required by that subsection. 

4 (B) For each agency, the following: 

5 (i) The total number of contractor 

6 and subcontractor employees working for 

7 such agency as of the commencement of 

8 the lapse in appropriations described in 

9 subsection (a)(1). 

10 (ii) The total number of contractor 

11 employees covered by clause (i) who were 

12 furloughed, laid off, or did not work as a 

13 result of the lapse in appropriations. 

14 (iii) The total number, if any, of em15 ployees covered by clause (ii) who received 

16 back compensation in connection with the 

17 furlough, lay off, or cessation of work. 

18 (iv) The total number, if any, of em19 ployees covered by clause (ii) who were re20 quired or permitted to use paid leave in 

21 place of the furlough, lay off, or cessation 

22 of work. 

23 (v) The total number, if any, of em24 ployees covered by clause (ii) who received 

25 back compensation equal to such employVerDate Sep 11 2014 00:14 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3008.IS S3008

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1 ees’ actual weekly compensation in connec2 tion with the furlough, lay off, or cessation 

3 of work. 

4 (vi) The total number, if any, of em5 ployees covered by clause (ii) who received 

6 back compensation that was subject to the 

7 limitation in subsection (b). 

8 (f) DEFINITIONS.—In this section: 

9 (1) The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; and 

13 (B) the Committee on Oversight and Ac14 countability of the House of Representatives. 

15 (2) The term ‘‘compensation’’ has the meaning 

16 given that term in section 6701 of title 41, United 

17 States Code. 

18 (3) The term ‘‘employee’’ means the following: 

19 (A) A ‘‘service employee’’ as that term is 

20 defined in section 6701(3) of title 41, United 

21 States Code, except that the term also includes 

22 service employees described in subparagraph 

23 (B) or (C) of that section notwithstanding such 

24 subparagraph. 


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1 (B) A ‘‘laborer or mechanic’’ covered by 

2 section 3142 of title 40, United States Code. 

3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary for each Federal agency subject to 

6 a lapse in appropriations for adjustments in the price of 

7 contracts of such agency under section 3. 

Æ 


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