S.Amdt. 1230Senate116th Congress (2019-2021)2nd degree
S.Amdt. 1230
Sponsored by
Sen. Tina Smith (D-MN)
Submitted October 29, 2019
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Senate amendment submitted
October 29, 2019
Text
Submitted
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. ______