[Congressional Record Volume 164, Number 12 (Friday, January 19, 2018)]
[Senate]
[Pages S349-S351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1908. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 195, to amend title 44, 
United States Code, to restrict the distribution of free printed copies 
of the Federal Register to Members of Congress and other officers and 
employees of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON USE OF FUNDS TO QUERY CERTAIN 
                   COLLECTIONS OF COMMUNICATIONS OBTAINED UNDER 
                   CERTAIN PROVISIONS OF THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) In General.--Except as provided in subsection (b), none 
     of the amounts appropriated or otherwise made available by 
     this Act may be used to conduct a query of information 
     acquired under Section 702 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881a) in an effort to 
     find communications of or about a particular United States 
     person or a person inside the United States.
       (b) Concurrent Authorization and Exception for Emergency 
     Situations.--Subsection (a) shall not apply to a query for 
     communications related to a particular United States person 
     or person inside the United States if--
       (1) such United States person or person inside the United 
     States is the subject of an order or emergency authorization 
     authorizing electronic surveillance or physical search under 
     section 105, 304, 703, 704, or 705 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824, 
     1881b, and 1881d), or under title 18, United States Code, for 
     the effective period of that order;
       (2) the entity carrying out the query has a reasonable 
     belief that the life or safety of such United States person 
     or person inside the United States is threatened and the 
     information is sought for the purpose of assisting that 
     person;
       (3) such United States person or person in the United 
     States is a corporation; or
       (4) such United States person or person inside the United 
     States has consented to the query.
       (c) Queries of Federated Data Sets and Mixed Data.--In 
     addition to subsection (a), none of the amounts appropriated 
     or otherwise made available by this Act may be used to 
     conduct a query of a data set, or of federated data sets, 
     that includes any information acquired under Section 702 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a), unless the system has been configured to not return 
     such information unless the officer or employee enters a code 
     or other information indicating that--
       (1) the person associated with the search term is not a 
     United States person or person inside the United States; or
       (2) if the person associated with the search term is a 
     United States person or person inside the United States, one 
     or more of the conditions of paragraph (2) is satisfied.
       (d) Matters Relating to Emergency Queries.--In the event 
     that a query for communications related to a particular 
     United States person or a person inside the United States is 
     conducted pursuant to an emergency authorization authorizing 
     electronic surveillance or a physical search described in 
     subsection (b)(1) and the application for such emergency 
     authorization is denied, or in any other case in which the 
     query has been conducted and no order is issued approving the 
     query, none of the amounts appropriated or otherwise made 
     available by this Act shall be used--
       (1) to introduce or otherwise disclose information obtained 
     or evidence derived from such query in any trial, hearing, or 
     other proceeding in or before any court, grand jury, 
     department, office, agency, regulatory body, legislative 
     committee, or other authority of the United States, a State, 
     or political subdivision thereof; or
       (2) to use or disclose information concerning any United 
     States person acquired from such query in any other manner by 
     Federal officers or employees without the consent of such 
     person, except with the approval of the Attorney General if 
     the information indicates a threat of death or serious bodily 
     harm to any person.
                                 ______
                                 
  SA 1909. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page S350]]


  

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Department of Justice for activities that are 
     not in compliance with the February 14, 2014, Department of 
     Justice memorandum from James M. Cole, Deputy Attorney 
     General, entitled ``Guidance Regarding Marijuana Financial 
     Crimes'', and the memoranda incorporated therein.
                                 ______
                                 
  SA 1910. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by this Act to 
     the Department of Justice may be used, with respect to any of 
     the States of Alabama, Alaska, Arizona, Arkansas, California, 
     Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, 
     Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, 
     Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
     Montana, Nevada, New Hampshire, New Jersey, New Mexico, New 
     York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
     Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, 
     Utah, Vermont, Virginia, Washington, West Virginia, 
     Wisconsin, and Wyoming, to prevent the State from 
     implementing State laws that authorize the use, distribution, 
     possession, or cultivation of marijuana on non-Federal lands 
     within the respective jurisdiction of the State.
                                 ______
                                 
  SA 1911. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                     DIVISION F--NO BUDGET, NO PAY

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``No Budget, No Pay 
     Act''.

     SEC. 6002. DEFINITION.

       In this division, the term ``Member of Congress''--
       (1) has the meaning given the term under section 2106 of 
     title 5, United States Code; and
       (2) does not include the Vice President.

     SEC. 6003. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET AND THE APPROPRIATIONS BILLS.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year and have not passed all the regular 
     appropriations bills for the next fiscal year before October 
     1 of that fiscal year, the pay of each Member of Congress may 
     not be paid for each day following that October 1 until the 
     date on which both Houses of Congress approve a concurrent 
     resolution on the budget for that fiscal year and all the 
     regular appropriations bills.

     SEC. 6004. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET 
                   AND THE APPROPRIATIONS BILLS.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise made available 
     from the United States Treasury for the pay of any Member of 
     Congress during any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section 6005.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under section 6005, at any 
     time after the end of that period.

     SEC. 6005. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under subparagraphs (A) and (B) of 
     paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 6003 and 
     whether Senators may not be paid under that section;
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 6003; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under subparagraphs (A) 
     and (B) of paragraph (2).
       (2) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 6003 and 
     whether Members of the House of Representatives may not be 
     paid under that section;
       (B) determine the period of days following each October 1 
     that Members of the House of Representatives may not be paid 
     under section 6003; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. 6006. EFFECTIVE DATE.

       This division shall take effect on February 1, 2019.
                                 ______
                                 
  SA 1912. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 any 
     lapse in appropriations that begins on or after January 19, 
     2018; 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.''.
                                 ______
                                 
  SA 1913. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

            EXTENSION OF CONTINUING APPROPRIATIONS ACT, 2018

       Sec. 101. The Continuing Appropriations Act, 2018 (division 
     D of Public Law 115-56) is amended by striking the date 
     specified in section 106(3) and inserting ``January 20, 
     2018''.

                                 ______
                                 
  SA 1914. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMERGENCY APPROPRIATION OF FUNDS TO PROVIDE FOR 
                   VETERANS BENEFITS AND SERVICES.

       (a) Appropriation of Funds for Veterans Benefits and 
     Services.--During a funding gap impacting the Department of 
     Veterans Affairs, the Secretary of the Treasury shall make 
     available to the Secretary of Veterans

[[Page S351]]

     Affairs, out of any amounts in the general fund of the 
     Treasury not otherwise appropriated, such amounts as the 
     Secretary of Veterans Affairs determines necessary to 
     continue to administer and provide benefits and services to 
     veterans, dependents, and survivors provided under chapters 
     11, 13, 15, 18, 21, 23, 30, 31, 33, 35, and 39 of title 38, 
     United States Code.
       (b) Funding Gap Defined.--In this section, the term 
     ``funding gap'' means any period of time after the beginning 
     of a fiscal year for which interim or full-year 
     appropriations for the Department of Veterans Affairs for 
     that fiscal year have not been enacted.
                                 ______
                                 
  SA 1915. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

    TITLE __--EMERGENCY APPROPRIATIONS FOR MILITARY AND SUPPORTING 
                             CONTRACTOR PAY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Ensuring Pay for Our 
     Military Act''.

     SEC. ___02. EMERGENCY APPROPRIATION OF FUNDS TO PROVIDE PAY 
                   AND ALLOWANCES FOR MEMBERS OF THE ARMED FORCES 
                   AND SUPPORTING CIVILIAN AND CONTRACTOR 
                   PERSONNEL DURING FUNDING GAP IMPACTING THE 
                   DEPARTMENT OF DEFENSE OR DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) Appropriation of Funds for Military Pay and 
     Allowances.--During a funding gap impacting the Armed Forces, 
     the Secretary of the Treasury shall make available to the 
     Secretary of Defense (and the Secretary of Homeland Security 
     in the case of the Coast Guard), out of any amounts in the 
     general fund of the Treasury not otherwise appropriated, such 
     amounts as the Secretary of Defense (and the Secretary of 
     Homeland Security in the case of the Coast Guard) determines 
     to be necessary to continue to provide pay and allowances 
     (without interruption) to the following:
       (1) Members of the Army, Navy, Air Force, Marine Corps, and 
     Coast Guard, including reserve components thereof, who 
     perform active service during the funding gap.
       (2) At the discretion of the Secretary of Defense, such 
     civilian personnel of the Department of Defense who are 
     providing support to the members of the Armed Forces 
     described in paragraph (1) as the Secretary considers 
     appropriate.
       (3) At the discretion of the Secretary of Defense, such 
     personnel of contractors of the Department of Defense who are 
     providing direct support to the members of the Armed Forces 
     described in paragraph (1) as the Secretary considers 
     appropriate.
       (b) Funding Gap Defined.--In this section, the term 
     ``funding gap'' means any period of time after the beginning 
     of a fiscal year for which interim or full-year 
     appropriations for the personnel accounts of the Armed Forces 
     for that fiscal year have not been enacted.
                                 ______
                                 
  SA 1916. Mr. DURBIN (for himself, Mr. Reed, Mr. Tester, Mr. Kaine, 
Mr. Warner, Ms. Cortez Masto, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, 
Mr. Brown, Ms. Cantwell, Mr. Carper, Mr. Casey, Mr. Coons, Mr. 
Donnelly, Ms. Duckworth, Mrs. Feinstein, Mrs. Gillibrand, Ms. Harris, 
Ms. Hassan, Mr. Heinrich, Ms. Heitkamp, Ms. Hirono, Mr. Jones, Mr. 
King, Ms. Klobuchar, Mr. Leahy, Mr. Manchin, Mr. Markey, Mrs. 
McCaskill, Mr. Menendez, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. 
Nelson, Mr. Peters, Mr. Schatz, Mr. Schumer, Mrs. Shaheen, Ms. Smith, 
Ms. Stabenow, Mr. Udall, Mr. Van Hollen, Ms. Warren, Mr. Whitehouse, 
Mr. Wyden, Mr. Booker, Mr. Cardin, and Mr. Sanders) submitted an 
amendment intended to be proposed to amendment SA 1913 submitted by Mr. 
Schumer and intended to be proposed to the bill H.R. 195, to amend 
title 44, United States Code, to restrict the distribution of free 
printed copies of the Federal Register to Members of Congress and other 
officers and employees of the United States, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

  TITLE ___--CONTINUING APPROPRIATIONS FOR PAY AND DEATH BENEFITS FOR 
                      MEMBERS OF THE ARMED FORCES

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Pay Our Military Act of 
     2018''.

     SEC. ___02. CONTINUING APPROPRIATIONS FOR PAY AND DEATH 
                   BENEFITS FOR MEMBERS OF THE ARMED FORCES.

       (a) In General.--There are hereby appropriated for fiscal 
     year 2018, out of any money in the Treasury not otherwise 
     appropriated, for any period during which interim or full-
     year appropriations for fiscal year 2018 are not in effect--
       (1) such sums as are necessary to provide pay and 
     allowances to members of the Armed Forces (as defined in 
     section 101(a)(4) of title 10, United States Code), including 
     reserve components thereof, who perform active service, 
     including drill, during such period;
       (2) such sums as are necessary for the payment of death 
     benefits authorized by subchapter II of chapter 75 of title 
     10, United States Code, for individuals who die during such 
     period;
       (3) such sums as are necessary to provide pay and 
     allowances to the civilian personnel of the Department of 
     Defense (and the Department of Homeland Security in the case 
     of the Coast Guard) whom the Secretary concerned determines 
     are providing support to members of the Armed Forces 
     described in paragraph (1) and in connection with the payment 
     of benefits described in paragraph (2); and
       (4) such sums as are necessary to provide pay and 
     allowances to contractors of the Department of Defense (and 
     the Department of Homeland Security in the case of the Coast 
     Guard) whom the Secretary concerned determines are providing 
     support to members of the Armed Forces described in paragraph 
     (1) and in connection with the payment of benefits described 
     in paragraph (2).
       (b) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means--
       (1) the Secretary of Defense with respect to matters 
     concerning the Department of Defense; and
       (2) the Secretary of Homeland Security with respect to 
     matters concerning the Coast Guard.

     SEC. ___03. TERMINATION.

       Appropriations and funds made available and authority 
     granted pursuant to this Act shall be available until 
     whichever of the following first occurs: (1) the enactment 
     into law of an appropriation (including a continuing 
     appropriation) for any purpose for which amounts are made 
     available in section ___02; (2) the enactment into law of the 
     applicable regular or continuing appropriations resolution or 
     other Act without any appropriation for such purpose; or (3) 
     September 30, 2018.
                                 ______
                                 
  SA 1917. Mr. McCONNELL proposed an amendment to the bill H.R. 195, to 
amend title 44, United States Code, to restrict the distribution of 
free printed copies of the Federal Register to Members of Congress and 
other officers and employees of the United States, and for other 
purposes; as follows:

       On page 1, line 6 of the House Amendment
       Strike ``February 16'' and insert ``February 8''
                                 ______
                                 
  SA 1918. Mr. McCONNELL proposed an amendment to the bill H.R. 195, to 
amend title 44, United States Code, to restrict the distribution of 
free printed copies of the Federal Register to Members of Congress and 
other officers and employees of the United States, and for other 
purposes; as follows:

       At the end add the following.
       ``This act shall be effective 1 day after enactment.''

                          ____________________