S.Amdt. 53

SA 53. Mr. CARDIN (for himself, Mr. Graham, Mr. Van Hollen, Ms.
Collins, Mr. Warner, Mr. Kaine, Mr. Coons, Mr. King, Ms. Murkowski, Mr.
Isakson, and Mr. Gardner) submitted an amendment intended to be
proposed by him to the bill H.R. 268, making supplemental
appropriations for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:
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

[[Page S659]]

(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 31 U.S.C. 1341.
``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 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. 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.
This Act may be cited as the ``Further Additional
Continuing Appropriations Act, 2019''.

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