I 

118TH CONGRESS 

1ST SESSION H. R. 5758 

To amend title 31, United States Code, to reimburse employees of the Federal 

Government and the District of Columbia, Federal contractors, and the 

States for certain costs incurred as a result of a Government shutdown, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2023 

Mr. HORSFORD introduced the following bill; which was referred to the 

Committee on Oversight and Accountability 

A BILL 

To amend title 31, United States Code, to reimburse employees of the Federal Government and the District of Columbia, Federal contractors, and the States for certain 

costs incurred as a result of a Government shutdown, 

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. REIMBURSEMENT FOR INDIVIDUALS AF4 FECTED BY GOVERNMENT SHUTDOWNS. 

5 Section 1341 of title 31, United States Code, as 

6 amended by the Government Employee Fair Treatment 


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1 Act of 2019, is further amended by adding at the end the 

2 following: 

3 ‘‘(d)(1) In this subsection— 

4 ‘‘(A) the term ‘covered employee’ means— 

5 ‘‘(i) any employee of the United States 

6 Government or of a District of Columbia public 

7 employer furloughed as a result of a covered 

8 lapse in appropriations; 

9 ‘‘(ii) any excepted employee who is re10 quired to perform work during such lapse; and 

11 ‘‘(iii) any contractor with the Federal Gov12 ernment (or an employee of such contractor) 

13 placed on unpaid leave as a result of such lapse; 

14 ‘‘(B) the term ‘shutdown cost’ means any cost 

15 incurred by a covered employee as a direct result of 

16 a covered lapse in appropriations, including expenses 

17 for loans and credit cards, and any fees, fine, or in18 terest resulting from the employees inability to make 

19 payments as a direct result of a loss in salary due 

20 to such lapse; 

21 ‘‘(C) the terms ‘covered lapse in appropria22 tions’, ‘District of Columbia public employer’, ‘em23 ployee’, and ‘excepted employee’ have the meaning 

24 given those terms in subsection (c); and 


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1 ‘‘(D) the term ‘State’ means any of the 50 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, Guam, the Virgin Islands, American 

4 Samoa, the Commonwealth of the Northern Mariana 

5 Islands, and any territory or possession of the 

6 United States, and includes Indian Tribes. 

7 ‘‘(2)(A) With respect to the covered lapse in appro8 priations beginning on or about September 30, 2023, each 

9 covered employee shall be paid for any shutdown cost at 

10 the earliest date possible after the date of enactment of 

11 this subsection, and subject to the enactment of appropria12 tions Acts ending the lapse. 

13 ‘‘(B) With respect to any other covered lapse in ap14 propriations of a duration of 14 days or longer, any cov15 ered employee shall, subject to the availability of appro16 priations, be paid for any shutdown cost at the earliest 

17 date possible after the lapse in appropriations ends. 

18 ‘‘(3)(A) Any State that makes an expenditure of 

19 State funds for payments for assistance programs that 

20 would be, but for a covered lapse in appropriations of a 

21 duration of 14 days or longer (including the lapse de22 scribed in subparagraph (A)), provided by the Federal 

23 Government shall be reimbursed for such payments not 

24 later than 90 days after the lapse in appropriations ends. 


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1 ‘‘(B) This paragraph shall not apply to any State ex2 penditure with respect to which reimbursement is provided 

3 by the Federal Government under any other provision of 

4 law, including unemployment compensation. 

5 ‘‘(4)(A) In order to receive reimbursement under 

6 paragraph (2) or (3), a covered employee or State (as the 

7 case may be) shall submit an application to the Secretary 

8 of the Treasury, in such form and manner as the Sec9 retary deems appropriate, not later than 1 year after the 

10 applicable lapse in appropriations ends. 

11 ‘‘(B) The Secretary shall determine what documenta12 tion shall be included with such an application to verify 

13 the shutdown costs or expenditure submitted by a covered 

14 employee or a State, respectively. 

15 ‘‘(C) Upon approval by the Secretary, reimbursement 

16 shall be provided to the covered employee or State, con17 sistent with the requirements of this subsection. 

18 ‘‘(5)(A) There is established in the general fund of 

19 the Treasury a fund, to be known as the ‘Reserve Fund 

20 for Employees Affected By Government Shutdowns’ (in 

21 this paragraph referred to as the ‘Fund’), which shall con22 sist of amounts appropriated into the Fund after the date 

23 of enactment of this subsection. 

24 ‘‘(B) Subject to the availability of appropriations, 

25 amounts in the Fund shall be available for purposes of 


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1 paying the shutdown costs of any covered employee during 

2 a covered lapse in appropriations beginning after the lapse 

3 referred to in paragraph (2)(A).’’. 

Æ 


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