I

104TH CONGRESS

1ST SESSION H. R. 2184

To amend title 5 of the United States Code to provide for the continuance

of pay during lapses in appropriations.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1995

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

on Government Reform and Oversight, and in addition to the Committee

on Appropriations, 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 title 5 of the United States Code to provide

for the continuance of pay 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 redes7 ignating section 5527 as section 5528 and inserting after

8 section 5526 the following:
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1 ‘‘5527. Continuance of pay during periods of lapsed

2 appropriations

3 ‘‘(a) For purposes of this section—

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

5 when used with respect to any employee, means any

6 period during which appropriations are not available

7 due to the absence of the timely enactment of any

8 Act or joint resolution appropriating funds for the

9 agency in which that employee is employed.

10 ‘‘(2) The term ‘pay’ means basic and premium

11 pay, allowances, agency contributions for retirement

12 and life and health insurance, and any other element

13 of aggregate compensation (as specified in section

14 530.202 of title 5 of the Code of Federal Regulation,

15 as in effect on the date of the enactment of this Act,

16 or, in the case of an employee not subject to such

17 section, any similar form of compensation); and

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

19 employee of the United States, but does not include

20 a member of a uniformed service.

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

22 are appropriated, out of any moneys in the Treasury not

23 otherwise appropriated, such sums as may be necessary

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

25 immediately before the period of lapsed appropriations
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1 and who continues in the position in which he was so em2 ployed.

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

4 of funds during any period of lapsed appropriations for

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

6 payable for that employee immediately before that period.

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

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

9 in excess of the amount payable under this section and

10 to which such person is entitled under other applicable

11 provisions of law.

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

13 to this section shall be charged to the applicable appro14 priation, fund, or authorization whenever the regular ap15 propriation bill becomes law.’’

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

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

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

19 inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.

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

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

22 section 5527 and inserting the following:

‘‘5527. Continuance of pay during periods of lapsed appropriations.

‘‘5528. Regulations.

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

24 States Code, is further amended by striking ‘‘AND AS-
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1 SIGNMENT’’ in the item relating to subchapter III and

2 inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.

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