On January 16, Senator Tina Smith (D-MN) introduced S.162, which would “provide back pay to low-wage contractor employees” after the end of the partial government shutdown.
Although a bill designed to provide back pay to federal employees was signed by the president in mid-January, thousands of federal contractors were not included in the text. According to various outlets, legislation to provide federal contractors with back pay is unprecedented.
Smith’s bill, which was co-sponsored by 44 Democrats, two independents who caucus with the Democrats, and two Republicans (Maine’s Susan Collins and Alaska’s Lisa Murkowski), was “read twice and referred to the Committee on Homeland Security and Governmental Affairs.”
The pertinent text of the bill reads:
Each Federal agency subject to the lapse in appropriations that began on or about December 22, 2018, shall adjust the price of any contract of such agency for which the contractor was ordered to suspend, delay, or interrupt all or part of the work of such contract, or stop all or any part of the work called for in such contract, as a result of the lapse in appropriations to compensate the contractor for reasonable costs incurred—
(1) provide compensation, at an employee’s standard rate of compensation, to any employee who was furloughed or laid off, or who was not working, who experienced a reduction of hours, or who experienced a reduction in compensation, as a result of the lapse in appropriations (for the period of the lapse); or
(2) to restore paid leave taken by any employee during the lapse in appropriations, if the contractor required employees to use paid leave as a result of the lapse in appropriations.
Although Smith’s bill might appear simple, according to HuffPost, an unnamed Trump administration official said that such a program could be a pricey endeavor, costing as much to implement as the back-pay salaries themselves.
On Wednesday, as lawmakers were reaching a final deal to avoid another shutdown, Sen. Roy Blunt (R-MO), chair of the subcommittee on Departments of Labor, Health and Human Services, and Education, and Related Agencies, said that he didn’t believe the president would sign legislation providing back pay to federal contractors.
He added: “I guess federal contractors are different in his view than federal employees.”
But Smith is undeterred. Appearing on the Senate floor on Thursday, Smith lauded leaders of both parties for crafting a bill to prevent another shutdown, but went on to question why her legislation wasn’t included:
… there is an important piece of unfinished business that wasn’t included in the agreement, and that is to provide back pay for the employees of federal contractors who were forced out of work for more than a month during the shutdown.
During the longest federal shutdown in history, thousands of Americans who serve as contractors to the federal government lost over a month’s pay through no fault of their own. These are people who work as security guards, and clean office buildings, and they work shoulder to shoulder with federal employees. …
Unfortunately while federal employees have received back pay – this is important – a bill that this chamber passed unanimously, their contractor counterparts have been left out in the cold with no back pay.
… I have introduced legislation which has bipartisan support which would right this wrong. And it should have been included in the final budget deal, but it appears that the White House blocked it.
Smith went on to address the reported issues with the bill one by one. As to the allegation that such a measure would be too expensive to implement, Smith said that her legislation “builds on an existing administrative process that is used regularly and efficiently without large administrative cost.”
On Thursday, the Senate voted 83-16 to pass legislation that would prevent another shutdown, and President Trump is expected to sign, reports Politico.
The Daily Wire reached out to the White House for comment regarding Smith’s bill, but as of publication, we have received no reply. We also reached out to the offices of Senators Collins and Murkowski, but have received no reply.