[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Page S7936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4170. Mr. CARDIN (for himself, Ms. Hirono, Mr. Schatz, Mr. Brown, 
Mr. Kaine, Mr. Merkley, Mr. Warner, Mr. Van Hollen, and Ms. Warren) 
submitted an amendment intended to be proposed to amendment SA 4163 
proposed by Mr. McConnell to the bill H.R. 695, of 1993 to establish a 
voluntary national criminal history background check system and 
criminal history review program for certain individuals who, related to 
their employment, have access to children, the elderly, or individuals 
with disabilities, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE PROTECTIONS DURING SHUTDOWNS.

       (a) 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 February 8, 
     2019; 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.''.
       (b) Restoration of Use-or-lose Leave Lost Because of a 
     Government Shutdown.--Section 6304(d)(1) of title 5, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by adding ``or'' at the end; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) the cancellation of paid leave scheduled during a 
     lapse in appropriations for the department, agency, or other 
     employing authority employing the employee, as required under 
     subchapter III of chapter 13 of title 31;''.
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