[Congressional Record Volume 165, Number 16 (Friday, January 25, 2019)]
[Senate]
[Pages S682-S683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 54. Mr. McCONNELL (for Mr. Shelby) proposed an amendment to the 
joint resolution H.J. Res. 28, making further continuing appropriations 
for fiscal year 2019, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This joint resolution may be cited as the ``Further 
     Additional Continuing Appropriations Act, 2019''.
       Sec. 101.  The Continuing Appropriations Act, 2019 
     (division C of Public Law 115-245) is further amended--
       (1) by striking the date specified in section 105(3) and 
     inserting ``February 15, 2019''; and
       (2) by adding after section 136 the following:
       ``Sec. 137.  Amounts made available in this Act for 
     personnel pay, allowances, and benefits in each department 
     and agency shall be available for obligations incurred 
     pursuant to subsection (c) of section 1341 of title 31, 
     United States Code.
       ``Sec. 138.  All obligations incurred and in anticipation 
     of the appropriations made and authority granted by this Act 
     for the purposes of maintaining the essential level of 
     activity to protect life and property and bringing about 
     orderly termination of Government function, and for purposes 
     as otherwise authorized by law, are hereby ratified and 
     approved if otherwise in accord with the provisions of this 
     Act.
       ``Sec. 139. (a) If a State (or another Federal grantee) 
     used State funds (or the grantee's non-Federal funds) to 
     continue carrying out a Federal program or furloughed State 
     employees (or the grantee's employees) whose compensation is 
     advanced or reimbursed in whole or in part by the Federal 
     Government--
       ``(1) such furloughed employees shall be compensated at 
     their standard rate of compensation for such period;
       ``(2) the State (or such other grantee) shall be reimbursed 
     for expenses that would have been paid by the Federal 
     Government during such period had appropriations been 
     available, including the cost of compensating such furloughed 
     employees, together with interest thereon calculated under 
     section 6503(d) of title 31, United States Code; and
       ``(3) the State (or such other grantee) may use funds 
     available to the State (or the

[[Page S683]]

     grantee) under such Federal program to reimburse such State 
     (or the grantee), together with interest thereon calculated 
     under section 6503(d) of title 31, United States Code.
       ``(b) For purposes of this section, the term `State' and 
     the term `grantee' shall have the meaning as such term is 
     defined under the applicable Federal program under subsection 
     (a). In addition, `to continue carrying out a Federal 
     program' means the continued performance by a State or other 
     Federal grantee, during the period of a lapse in 
     appropriations, of a Federal program that the State or such 
     other grantee had been carrying out prior to the period of 
     the lapse in appropriations.
       ``(c) The authority under this section applies with respect 
     to any period in fiscal year 2019 (not limited to periods 
     beginning or ending after the date of the enactment of this 
     Act) during which there occurs a lapse in appropriations with 
     respect to any department or agency of the Federal Government 
     which, but for such lapse in appropriations, would have paid, 
     or made reimbursement relating to, any of the expenses 
     referred to in this section with respect to the program 
     involved. Payments and reimbursements under this authority 
     shall be made only to the extent and in amounts provided in 
     advance in appropriations Acts.
       ``Sec. 140.  Notwithstanding section 251(a)(1) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 and 
     the timetable in section 254(a) of such Act, the final 
     sequestration report for fiscal year 2019 pursuant to section 
     254(f)(1) of such Act and any order for fiscal year 2019 
     pursuant to section 254(f)(5) of such Act shall be issued, 
     for the Congressional Budget Office, 10 days after the date 
     specified in section 105(3), and for the Office of Management 
     and Budget, 15 days after the date specified in section 
     105(3).
       ``Sec. 141.  Section 319L(e)(1)(A) of the Public Health 
     Service Act (42 U.S.C. 247d-7e(e)(1)(A)) shall continue in 
     effect through the date specified in section 105(3) of this 
     Act.
       ``Sec. 142.  Section 405(a) of the Pandemic and All Hazards 
     Preparedness Act (42 U.S.C. 247d-6a note) shall continue in 
     effect through the date specified in section 105(3) of this 
     Act.''.
       Sec. 102.  For the purposes of division C of Public Law 
     115-245, the time covered by such division shall be 
     considered to include the period which began on or about 
     December 22, 2018, during which there occurred a lapse in 
     appropriations.
       Sec. 103.  Subsection (c)(2) of section 1341 of title 31, 
     United States Code, is amended by inserting ``, and subject 
     to the enactment of appropriations Acts ending the lapse'' 
     before the period.
       Sec. 104.  For the purposes of the annual report issued 
     pursuant to section 5 of the Statutory Pay-As-You-Go Act of 
     2010 (2 U.S.C. 934) after adjournment of the second session 
     of the 115th Congress, and for determining whether a 
     sequestration order is necessary under such section, the 
     debit for the budget year on the 5-year scorecard, if any, 
     and the 10-year scorecard, if any, shall be deducted from 
     such scorecard in 2019 and added to such scorecard in 2020.

                                 ______
                                 
  SA 55. Mr. McCONNELL (for Mr. Shelby) proposed an amendment to the 
joint resolution H.J. Res. 31, making further continuing appropriations 
for the Department of Homeland Security for fiscal year 2019, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
       The Continuing Appropriations Act, 2019 (division C of 
     Public Law 115-245) is further amended--
       (1) in section 105--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) in paragraph (3)--
       (i) by inserting ``except as provided in paragraph (4),'' 
     before ``December''; and
       (ii) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(4) with respect to appropriations and funds made 
     available, and other authorities granted, pursuant to section 
     101(5) of this joint resolution for the Department of 
     Homeland Security, February 15, 2019.''; and
       (2) in section 110, by adding at the end the following:
       ``(c) With respect to mandatory payments whose budget 
     authority was provided in the Department of Homeland Security 
     Appropriations Act, 2018 (division F of Public Law 115-141), 
     subsections (a) and (b) shall be applied by substituting 
     `section 105(4)' for `section 105(3)' each place it 
     appears.''.

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