[Congressional Record Volume 165, Number 171 (Tuesday, October 29, 2019)]
[Senate]
[Page S6250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1230. Ms. SMITH submitted an amendment intended to be proposed to
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2020, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF
2019
SECTION 1. SHORT TITLE.
This division may be cited as the ``Fair Compensation for
Low-Wage Contractor Employees Act of 2019''.
SEC. 2. APPROPRIATION.
There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until expended, for each
Federal agency subject to the lapse in appropriations that
began on or about December 22, 2018, for adjustments in the
price of contracts of such agency under section 3.
SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF
GOVERNMENT CONTRACTORS IN CONNECTION WITH THE
LAPSE IN APPROPRIATIONS.
(a) In General.--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) to 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.
(b) Limitation on Amount of Weekly Compensation Covered by
Adjustment.--The maximum amount of weekly compensation of an
employee for which an adjustment may be made under subsection
(a) may not exceed the lesser of--
(1) the employee's actual weekly compensation; or
(2) $965.
(c) Timing of Adjustments.--The adjustments required by
subsection (a) shall be made as soon as practicable after the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``compensation'' has the meaning given that
term in section 6701 of title 41, United States Code.
(2) The term ``employee'' means the following:
(A) A ``service employee'' as that term is defined in
section 6701(3) of title 41, United States Code, except that
the term also includes service employees described in
subparagraph (C) of that section notwithstanding that
subparagraph.
(B) A ``laborer or mechanic'' covered by section 3142 of
title 40, United States Code.
SEC. 4. EFFECTIVE DATE.
This division shall take effect upon the date of enactment
of this Act.
SEC. 5. BUDGETARY EFFECTS.
(a) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(b) Determination of Budgetary Effects.--The budgetary
effects of this division, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this division, submitted
for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has
been submitted prior to the vote on passage.
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