S.Amdt. 4633

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;

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(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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