```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2857 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 2857

 To provide for relief to Federal employees, Federal contractors, and 
 employees of Federal contractors for expenses incurred as a result of 
  nonpayment of basic pay or impediments against contract performance 
                 arising from lapses in appropriations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1996

   Mrs. Mink of Hawaii (for herself, Mr. Abercrombie, Mr. Miller of 
California, Ms. Pelosi, Ms. Jackson-Lee of Texas, Mr. Moran, Mr. Hoyer, 
 and Mr. Dellums) introduced the following bill; which was referred to 
 the Committee on Government Reform and Oversight, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jursidiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To provide for relief to Federal employees, Federal contractors, and 
 employees of Federal contractors for expenses incurred as a result of 
  nonpayment of basic pay or impediments against contract performance 
                 arising from lapses in appropriations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENTITLEMENT TO REIMBURSEMENT FOR FINANCIAL HARM INCURRED BY 
              FEDERAL EMPLOYEES, FEDERAL CONTRACTORS, AND EMPLOYEES OF 
              FEDERAL CONTRACTORS ARISING FROM FAILURE TO BE PAID 
              DURING PERIODS OF LAPSED APPROPRIATIONS.

    (a) Financial Harm to Federal Employees.--Upon the termination of 
any period of lapsed appropriations with respect to an agency or 
instrumentality of the Federal Government or the District of Columbia, 
in addition to any basic pay payable to each individual who is an 
officer or employee of such agency or instrumentality during such 
period for any service performed during such period, such officer or 
employee shall be entitled to reimbursement by such agency or 
instrumentality for financial harm incurred by such individual 
resulting from--
            (1) any failure to provide for the timely payment of basic 
        pay to such individual for service performed during such 
        period, or
            (2) the inability of such individual to earn basic pay for 
        service during such period under section 1342 of title 31, 
        United States Code.
    (b) Financial Harm to Federal Contractors.--Upon the termination of 
any period of lapsed appropriations with respect to an agency or 
instrumentality of the Federal Government or the District of Columbia, 
in addition to any payment under a Federal contract due to a Federal 
contractor during such period and any interest penalty on such payment 
in accordance with section 3902 of title 31, United States Code, such 
contractor shall be entitled to reimbursement by such agency or 
instrumentality for financial harm incurred by such contractor 
resulting from--
            (1) any failure to provide for the timely payment of 
        payments due under the contract to the contractor during such 
        period, or
            (2) the inability of such contractor to perform the 
        contract during such period.
    (c) Financial Harm to Employees of Federal Contractors.--Upon the 
termination of any period of lapsed appropriations with respect to an 
agency or instrumentality of the Federal Government or the District of 
Columbia, each individual who is an employee of a Federal contractor or 
of a subcontractor under a Federal contract in effect during such 
period shall be entitled to reimbursement by such agency or 
instrumentality for financial harm incurred by such individual 
resulting from--
            (1) any failure by the contractor or subcontractor to 
        provide for the timely payment of the individual for service 
        performed during such period under the contract or subcontract, 
        or
            (2) the inability of such individual to earn pay for 
        service under the contract or subcontract during such period.

SEC. 2. ADMINISTRATIVE REMEDY.

    In any case in which an individual or contractor has not been 
provided, within 60 days after the period of lapsed appropriations 
involved, any reimbursement by an agency or instrumentality of the 
Federal Government or the District of Columbia to which the individual 
or contractor is entitled under section 1, a claim may be made by such 
individual or contractor against such agency or instrumentality for 
recovery of such reimbursement. Determinations by the agency or 
instrumentality on such claim shall be made on the record after 
opportunity for an agency hearing. Any individual aggrieved by any 
final determination by the agency or instrumentality under this section 
may, during the 60-day period beginning on the date the determination 
is issued, institute an action for judicial review of the determination 
in any district court of the United States in which an office of the 
agency or instrumentality is located or in the United States District 
Court for the District of Columbia.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Period of lapsed appropriations.--The term ``period of 
        lapsed appropriations'' means, in connection with an agency or 
        instrumentality of the Federal Government or the District of 
        Columbia, any period during which appropriations are not 
        available due to the absence of the timely enactment of any Act 
        or joint resolution appropriating funds for such agency or 
        instrumentality.
            (2) Financial harm.--The term ``financial harm''--
                    (A) in connection with any individual, includes--
                            (i) interest accrued on debts incurred by 
                        the individual during the period of lapsed 
                        appropriations necessary to meet expenses which 
                        would have arisen irrespective of whether the 
                        period of lapsed appropriations had occurred,
                            (ii) penalties incurred by reason of 
                        inability of the individual to make timely 
                        payments of bills or other obligations which 
                        would have become due irrespective of whether 
                        the period of lapsed appropriations had 
                        occurred,
                            (iii) other monetary loss incurred by 
                        reason of forfeiture of property or otherwise, 
                        and
                            (iv) in the case of an individual who is an 
                        employee of a Federal contractor, wages 
                        foregone by the employee for any service 
                        performed by the employee during the period of 
                        lapsed appropriations that were not later paid 
                        by the contractor; and
                    (B) in connection with any Federal contractor, 
                includes--
                            (i) interest accrued on debts incurred by 
                        the contractor in connection with a Federal 
                        contract during the period of lapsed 
                        appropriations necessary to meet expenses which 
                        would have arisen irrespective of whether the 
                        period of lapsed appropriations had occurred,
                            (ii) penalties incurred by reason of 
                        inability of the contractor to make timely 
                        payments of bills or other obligations which 
                        would have become due irrespective of whether 
                        the period of lapsed appropriations had 
                        occurred, and
                            (iii) other monetary loss incurred by 
                        reason of forfeiture of property or otherwise.
                                 <all>
```