I

104TH CONGRESS

1ST SESSION H. R. 2007

To amend titles 5, 31, and 37 of the United States Code to provide for

the continuance of pay and the authority to make certain expenditures

and obligations during lapses in appropriations.

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1995

Mr. GEKAS introduced the following bill; which was referred to the Committee

on Appropriations, and in addition to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend titles 5, 31, and 37 of the United States Code

to provide for the continuance of pay and the authority

to make certain expenditures and obligations during

lapses in appropriations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONTINUANCE OF CIVILIAN PAY DURING PERI4 ODS OF LAPSED APPROPRIATIONS.

5 (a) CONTINUANCE OF PAY.—Subchapter III of chap6 ter 55 of title 5, United States Code, is amended by redes-
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1 ignating section 5527 as section 5528 and inserting after

2 section 5526 the following:

3 ‘‘§ 5527. Continuance of pay during periods of lapsed

4 appropriations

5 ‘‘(a) For purposes of this section—

6 ‘‘(1) the term ‘period of lapsed appropriations’,

7 when used with respect to any employee, means any

8 period during which appropriations are not available

9 due to the absence of the timely enactment of any

10 Act or joint resolution appropriating funds for the

11 agency in which that employee is employed;

12 ‘‘(2) the term ‘pay’ means basic and premium

13 pay, allowances, agency contributions for retirement

14 and life and health insurance, and any other element

15 of aggregate compensation (as specified in section

16 530.202 of title 5 of the Code of Federal Regula17 tions, as in effect on the date of the enactment of

18 this Act, or, in the case of an employee not subject

19 to such section, any similar form of compensation);

20 and

21 ‘‘(3) the term ‘employee’ means an officer or

22 employee of the United States, but does not include

23 a member of a uniformed service.

24 ‘‘(b) For any period of lapsed appropriations, there

25 are appropriated, out of any moneys in the Treasury not
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1 otherwise appropriated, such sums as may be necessary

2 for the pay of any employee who was employed as such

3 immediately before the period of lapsed appropriations

4 and who continues in the position in which he was so em5 ployed.

6 ‘‘(c)(1) This section does not authorize expenditure

7 of funds during any period of lapsed appropriations for

8 the pay of any employee at a rate in excess of the rate

9 payable for that employee immediately before that period.

10 ‘‘(2) This section shall not be construed to affect the

11 entitlement of any person to an amount of pay which is

12 in excess of the amount payable under this section and

13 to which such person is entitled under other applicable

14 provisions of law.

15 ‘‘(d) Expenditures made for any fiscal year pursuant

16 to this section shall be charged to the applicable appro17 priation, fund, or authorization whenever the regular ap18 propriation bill becomes law.’’.

19 (b) CONFORMING AMENDMENTS.—(1) The heading

20 for subchapter III of chapter 55 of title 5, United States

21 Code, is amended by striking ‘‘AND ASSIGNMENT’’ and

22 inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.

23 (2) The analysis for chapter 55 of title 5, United

24 States Code, is amended by striking the item relating to

25 section 5527 and inserting the following:
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‘‘5527. Continuance of pay during periods of lapsed appropriations.

‘‘5528. Regulations.’’.

1 (3) The analysis for chapter 55 of title 5, United

2 States Code, is further amended by striking ‘‘AND AS3 SIGNMENT’’ in the item relating to subchapter III and

4 inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.

5 SEC. 2. AUTHORITY TO MAKE CERTAIN EXPENDITURES

6 AND OBLIGATIONS DURING LAPSES IN AP7 PROPRIATIONS.

8 (a) AUTHORITY TO MAKE CERTAIN EXPENDITURES

9 AND OBLIGATIONS.—Chapter 13 of title 31, United States

10 Code, is amended by inserting after section 1310 the fol11 lowing new section:

12 ‘‘§ 1311. Authority to make certain expenditures and

13 obligations during lapses in appropria14 tions

15 ‘‘(a)(1) Notwithstanding section 1341, if any appro16 priation bill for a fiscal year does not become law prior

17 to the beginning of such fiscal year, an officer or employee

18 of the United States Government or of the District of Co19 lumbia may make reasonable expenditures or obligations

20 as may be necessary to avoid losses in revenue, except rev21 enue obtained from user fees.

22 ‘‘(2) Reasonable expenditures or obligations shall

23 mean a rate not in excess of the lower of—
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1 ‘‘(A) the rate provided for such an expenditure

2 or obligation in the corresponding appropriation Act

3 for the preceding fiscal year; or

4 ‘‘(B) the rate provided for in the House or Sen5 ate passed appropriation bill for the fiscal year in

6 question.

7 ‘‘(3) Appropriations and funds made available, and

8 authority granted, for any fiscal year pursuant to this sec9 tion shall be available for the period beginning with the

10 first day of such fiscal year and ending with the earlier

11 of—

12 ‘‘(A) the date on which the applicable appro13 priation bill for such fiscal year becomes law (wheth14 er or not such law provides for such project or activ15 ity), and

16 ‘‘(B) the last day of such fiscal year.

17 ‘‘(b) An appropriation or funds made available, or au18 thority granted, pursuant to this section for any fiscal year

19 shall be subject to the terms and conditions imposed with

20 respect to the appropriation made, funds made available,

21 or authority granted for such operations for the preceding

22 fiscal year.

23 ‘‘(c) Expenditures made for any fiscal year pursuant

24 to this section shall be charged to the applicable appro-
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1 priation, fund, or authorization whenever the regular ap2 plicable appropriation bill for such fiscal year becomes law.

3 ‘‘(d) This section shall not apply to operations during

4 a fiscal year if any other provision of law (other than an

5 authorization of appropriations)—

6 ‘‘(1) makes an appropriation, makes funds

7 available, or grants authority for such project or ac8 tivity to continue for such period, or

9 ‘‘(2) specifically provides that no appropriation

10 shall be made, no funds shall be made available, or

11 no authority shall be granted for such project or ac12 tivity to continue for such period.’’.

13 (B) CONFORMING AMENDMENT.—The analysis of

14 chapter 13 of title 31, United States Code, is amended

15 by inserting after the item relating to section 1310 the

16 following new item:

‘‘1311. Authority to make certain expenditures and obligations during lapses in

appropriations.’’.

17 SEC. 3. OMB PLAN IN CASE OF FUNDING LAPSE.

18 Within 180 days after the date of enactment of this

19 Act, the Director of the Office of Management and Budget

20 shall, by rule, develop a plan setting forth policies and pro21 cedures to shutdown all or any part of the Government

22 in an orderly manner during a period of lapsed appropria23 tions.
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1 SEC. 4. EFFECTIVE DATE.

2 The amendments made by this Act shall apply with

3 respect to fiscal years beginning after September 30,

4 1995.

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