[Congressional Record Volume 162, Number 91 (Thursday, June 9, 2016)]
[Senate]
[Pages S3737-S3738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4633. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. FEDERAL LAW ENFORCEMENT OFFICER SELF-DEFENSE AND 
                   PROTECTION.

       (a) Short Title.--This section may be cited as the 
     ``Federal Law Enforcement Self-Defense and Protection Act of 
     2016''.
       (b) Findings.--Congress finds the following:
       (1) Too often, Federal law enforcement officers encounter 
     potentially violent criminals, placing officers in danger of 
     grave physical harm.
       (2) In 2012 alone, 1,857 Federal law enforcement officers 
     were assaulted, with 206 sustaining serious injuries.
       (3) From 2008 through 2011, an additional 8,587 Federal law 
     enforcement officers were assaulted.
       (4) Federal law enforcement officers remain a target even 
     when they are off-duty. Over the past 3 years, 27 law 
     enforcement officers have been killed off-duty.
       (5) It is essential that law enforcement officers are able 
     to defend themselves, so they can carry out their critical 
     missions and ensure their own personal safety and the safety 
     of their families whether on-duty or off-duty.
       (6) These dangers to law enforcement officers continue to 
     exist during a covered furlough.
       (c) Definitions.--In this section--
       (1) the term ``agency'' means each authority of the 
     executive, legislative, or judicial branch of the Government 
     of the United States;
       (2) the term ``covered Federal law enforcement officer'' 
     means any individual who--
       (A) is an employee of an agency;

[[Page S3738]]

       (B) has the authority to make arrests or apprehensions for, 
     or prosecute, violations of Federal law; and
       (C) on the day before the date on which the applicable 
     covered furlough begins, is authorized by the agency 
     employing the individual to carry a firearm in the course of 
     official duties;
       (3) the term ``covered furlough'' means a planned event by 
     an agency during which employees are involuntarily furloughed 
     due to downsizing, reduced funding, lack of work, or any 
     budget situation including a lapse in appropriations; and
       (4) the term ``firearm'' has the meaning given that term in 
     section 921 of title 18, United States Code.
       (d) Protecting Federal Law Enforcement Officers Who Are 
     Subjected to a Covered Furlough.--During a covered furlough, 
     a covered Federal law enforcement officer shall have the same 
     rights to carry a firearm issued by the Federal Government as 
     if the covered furlough was not in effect, including, if 
     authorized on the day before the date on which the covered 
     furlough begins, the right to carry a concealed firearm, if 
     the sole reason the covered Federal law enforcement officer 
     was placed on leave was due to the covered furlough.
       (e) Compensation for Federal Employees Affected by a Lapse 
     in Appropriations.--Section 1341 of title 31, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``An officer'' and 
     inserting ``Except as specified in this subchapter or any 
     other provision of law, an officer''; and
       (2) by adding at the end the following:
       ``(c)(1) In this subsection--
       ``(A) the term `covered lapse in appropriations' means a 
     lapse in appropriations that begins on or after October 1, 
     2016; and
       ``(B) the term `excepted employee' means an excepted 
     employee or an employee performing emergency work, as such 
     terms are defined by the Office of Personnel Management.
       ``(2) Each Federal employee furloughed as a result of a 
     covered lapse in appropriations shall be paid for the period 
     of the lapse in appropriations, and each excepted employee 
     who is required to perform work during a covered lapse in 
     appropriations shall be paid for such work, at the employee's 
     standard rate of pay at the earliest date possible after the 
     lapse in appropriations ends, regardless of scheduled pay 
     dates.
       ``(3) During a covered lapse in appropriations, each 
     excepted employee who is required to perform work shall be 
     entitled to use leave under chapter 63 of title 5, or any 
     other applicable law governing the use of leave by the 
     excepted employee, for which compensation shall be paid at 
     the earliest date possible after the lapse in appropriations 
     ends, regardless of scheduled pay dates.''.
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