II 

116TH CONGRESS 

1ST SESSION S. 162 

To provide back pay to low-wage contractor employees, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2019 

Ms. SMITH (for herself, Mr. BROWN, Mr. VAN HOLLEN, Mr. WARNER, Mr. 

CARDIN, Mr. KAINE, Mr. MARKEY, Ms. KLOBUCHAR, Ms. WARREN, Ms. 

HASSAN, Mr. JONES, Ms. HARRIS, Mr. UDALL, Mr. HEINRICH, Ms. 

DUCKWORTH, Mr. KING, Ms. HIRONO, Mr. MENENDEZ, Mr. SCHATZ, Mr. 

TESTER, Mrs. FEINSTEIN, Mr. WHITEHOUSE, and Mr. BLUMENTHAL) 

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 low-wage contractor employees, 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 Compensation 

5 for Low-Wage Contractor Employees Act of 2019’’. 

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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•S 162 IS

1 year ending September 30, 2019, such sums as may be 

2 necessary for each Federal agency subject to the lapse in 

3 appropriations that began on or about December 22, 

4 2018, for adjustments in the price of contracts of such 

5 agency under section 3. 

6 SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES 

7 OF GOVERNMENT CONTRACTORS IN CONNEC8 TION WITH THE LAPSE IN APPROPRIATIONS. 

9 (a) IN GENERAL.—Each Federal agency subject to 

10 the lapse in appropriations that began on or about Decem11 ber 22, 2018, shall adjust the price of any contract of such 

12 agency for which the contractor was ordered to suspend, 

13 delay, or interrupt all or part of the work of such contract, 

14 or stop all or any part of the work called for in such con15 tract, as a result of the lapse in appropriations to com16 pensate the contractor for reasonable costs incurred— 

17 (1) to provide compensation, at an employee’s 

18 standard rate of compensation, to any employee who 

19 was furloughed or laid off, or who was not working, 

20 who experienced a reduction of hours, or who experi21 enced a reduction in compensation, as a result of the 

22 lapse in appropriations (for the period of the lapse); 

23 or 

24 (2) to restore paid leave taken by any employee 

25 during the lapse in appropriations, if the contractor 


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1 required employees to use paid leave as a result of 

2 the lapse in appropriations. 

3 (b) LIMITATION ON AMOUNT OF WEEKLY COM4 PENSATION COVERED BY ADJUSTMENT.—The maximum 

5 amount of weekly compensation of an employee for which 

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

7 exceed the lesser of— 

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

9 or 

10 (2) $965. 

11 (c) TIMING OF ADJUSTMENTS.—The adjustments re12 quired by subsection (a) shall be made as soon as prac13 ticable after the end of the lapse in appropriations de14 scribed in that subsection. 

15 (d) DEFINITIONS.—In this section: 

16 (1) The term ‘‘compensation’’ has the meaning 

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

18 States Code. 

19 (2) The term ‘‘employee’’ means the following: 

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

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

22 States Code, except that the term also includes 

23 service employees described in subparagraph 

24 (C) of that section notwithstanding that sub25 paragraph. 


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

2 section 3142 of title 40, United States Code. 

Æ 


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