I 

118TH CONGRESS 

1ST SESSION H. R. 5810 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Ms. PRESSLEY (for herself, Ms. NORTON, Mr. NORCROSS, Mr. BEYER, Ms. 

BALINT, Ms. BLUNT ROCHESTER, Ms. BROWN, Ms. BUSH, Mr. CARSON, 

Mr. CARTER of Louisiana, Mr. CASAR, Mr. CASTEN, Mr. CONNOLLY, Ms. 

DELBENE, Mr. EVANS, Ms. LOIS FRANKEL of Florida, Mr. 

GOTTHEIMER, Mrs. HAYES, Mr. JACKSON of Illinois, Ms. JACKSON LEE, 

Ms. JACOBS, Mr. JOHNSON of Georgia, Mr. KIM of New Jersey, Ms. 

KUSTER, Ms. LEE of California, Ms. LEE of Nevada, Mr. LYNCH, Ms. 

MCCLELLAN, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MOULTON, Mr. 

NADLER, Ms. OCASIO-CORTEZ, Ms. PINGREE, Ms. PLASKETT, Mr. 

POCAN, Mr. RASKIN, Mr. RUIZ, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. 

SCOTT of Virginia, Mr. SOTO, Ms. SPANBERGER, Ms. STANSBURY, Mr. 

THANEDAR, Ms. TLAIB, Mr. TONKO, Mr. TRONE, Ms. VELA ́ZQUEZ, Mrs. 

WATSON COLEMAN, Ms. WEXTON, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, Mr. TAKANO, Ms. BONAMICI, Ms. TOKUDA, Ms. UNDERWOOD, and Ms. STRICKLAND) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5810 IH

1 SECTION 1. SHORT TITLE. 

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

3 Contractors Act of 2023’’. 

4 SEC. 2. APPROPRIATION. 

5 There is hereby appropriated, out of any money in 

6 the Treasury not otherwise appropriated, for the fiscal 

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

8 necessary for each Federal agency subject to the lapse in 

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

10 and any subsequent lapse in appropriations occurring dur11 ing fiscal year 2024 for adjustments in the price of con12 tracts of such agency under section 3: Provided that, such 

13 sums shall be available for such purposes until December 

14 31, 2024. 

15 SEC. 3. BACK COMPENSATION FOR EMPLOYEES OF GOV16 ERNMENT CONTRACTORS IN CONNECTION 

17 WITH THE LAPSE IN APPROPRIATIONS. 

18 (a) BACK COMPENSATION.— 

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

20 to the lapse in appropriations shall adjust the price 

21 of any contract of such agency for which the con22 tractor suspended, delayed, or interrupted all or part 

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

24 part of the work called for in such contract, as a re25 sult of the lapse in appropriations to compensate the 

26 contractor for reasonable costs incurred— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 5810 IH

1 (A) to provide compensation, at an employ2 ee’s standard rate of compensation, to any em3 ployee who was furloughed or laid off, or who 

4 was not working, who experienced a reduction 

5 of hours, or who experienced a reduction in 

6 compensation, as a result of the lapse in appro7 priations (for the period of the lapse); or 

8 (B) to restore paid leave taken by any em9 ployee during the lapse in appropriations, if the 

10 contractor required or permitted employees to 

11 use paid leave as a result of the lapse in appro12 priations. 

13 (2) ADJUSTMENT NOTWITHSTANDING CON14 TRACT TERMS.—An adjustment may be made under 

15 this subsection for costs incurred as described in 

16 paragraph (1) regardless of whether the contract 

17 concerned provides for, or otherwise prohibits, the 

18 contractor to incur such costs or receive such an ad19 justment for incurring such costs. 

20 (b) LIMITATION ON AMOUNT OF WEEKLY COM21 PENSATION COVERED BY ADJUSTMENT.—The maximum 

22 amount of weekly compensation of an employee for which 

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

24 exceed the lesser of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 5810 IH

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

2 or 

3 (2) $1,442 (or an appropriate lesser amount 

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

5 hours per week). 

6 (c) SCOPE OF ADJUSTMENT AUTHORITY.— 

7 (1) ADJUSTMENT ONLY FOR COSTS ACTUALLY

8 INCURRED.—An adjustment may be made under 

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

10 contractor as described in paragraph (1) of that sub11 section. 

12 (2) PROOF OF PROVISION OF COMPENSATION.— 

13 A contractor seeking an adjustment under sub14 section (a) shall provide the head of the Federal 

15 agency concerned such evidence of the costs incurred 

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

17 that subsection as the head of the agency, in con18 sultation with the Administrator of the Office of 

19 Federal Procurement Policy, considers appropriate. 

20 (d) TIMING OF ADJUSTMENTS.—The adjustments re21 quired by subsection (a) shall be made as soon as prac22 ticable after the date of the enactment of this Act. 

23 (e) REPORT.— 

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

25 after the date of the enactment of this Act, the AdVerDate Sep 11 2014 04:18 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5810.IH H5810

kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 5810 IH

1 ministrator of the Office of Federal Procurement 

2 Policy shall submit to the appropriate committees of 

3 Congress and make publicly available a report on the 

4 adjustments made under subsection (a). 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall set forth the following: 

7 (A) Each Federal agency described in 

8 paragraph (1) of subsection (a) that made ad9 justments required by that subsection. 

10 (B) For each agency, the following: 

11 (i) The total number of contractor 

12 and subcontractor employees working for 

13 such agency as of the commencement of 

14 the lapse in appropriations described in 

15 subsection (a)(1). 

16 (ii) The total number of contractor 

17 employees covered by clause (i) who were 

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

19 result of the lapse in appropriations. 

20 (iii) The total number, if any, of em21 ployees covered by clause (ii) who received 

22 back compensation in connection with the 

23 furlough, lay off, or cessation of work. 

24 (iv) The total number, if any, of em25 ployees covered by clause (ii) who were reVerDate Sep 11 2014 04:18 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5810.IH H5810

kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 5810 IH

1 quired or permitted to use paid leave in 

2 place of the furlough, lay off, or cessation 

3 of work. 

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

6 back compensation equal to such employ7 ees’ actual weekly compensation in connec8 tion with the furlough, lay off, or cessation 

9 of work. 

10 (vi) The total number, if any, of em11 ployees covered by clause (ii) who received 

12 back compensation that was subject to the 

13 limitation in subsection (b). 

14 (f) DEFINITIONS.—In this section: 

15 (1) The term ‘‘appropriate committees of Con16 gress’’ means— 

17 (A) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; and 

19 (B) the Committee on Oversight and Ac20 countability of the House of Representatives. 

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

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

23 States Code. 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 5810 IH

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

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

3 States Code, except that the term also includes 

4 service employees described in subparagraph 

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

6 subparagraph. 

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

8 section 3142 of title 40, United States Code. 

9 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums 

11 as may be necessary for each Federal agency subject to 

12 a lapse in appropriations for adjustments in the price of 

13 contracts of such agency under section 3. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB