I 

118TH CONGRESS 

1ST SESSION H. R. 5842 

To amend title 14, United States Code, to make appropriations for Coast 

Guard pay in the event an appropriations Act expires before the enactment of a new appropriations Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2023 

Mr. GREEN of Tennessee (for himself, Mr. MCCAUL, Mr. GIMENEZ, Mr. HIGGINS of Louisiana, Mr. EZELL, Mr. BRECHEEN, Ms. DE LA CRUZ, Mr. 

GUEST, and Mr. WALTZ) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 14, United States Code, to make appropriations for Coast Guard pay in the event an appropriations 

Act expires before the enactment of a new appropriations 

Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coast Guard Sustained 

5 Funding Act of 2023’’. 


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1 SEC. 2. PAY; CONTINUATION DURING LAPSE IN APPROPRIA2 TIONS. 

3 (a) IN GENERAL.—Chapter 27 of title 14, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 2780. Pay; continuation during lapse in appropria7 tions 

8 ‘‘(a) IN GENERAL.—In the case of any period in 

9 which there is a Coast Guard-specific funding lapse, there 

10 are appropriated such sums as may be necessary— 

11 ‘‘(1) to provide pay and allowances to military 

12 members of the Coast Guard, including the reserve 

13 component thereof, who perform active service or in14 active-duty training during such period; 

15 ‘‘(2) to provide pay and benefits to qualified ci16 vilian employees of the Coast Guard; and 

17 ‘‘(3) to provide pay and benefits to qualified 

18 contract employees of the Coast Guard. 

19 ‘‘(b) APPLICATION OF ANTI-DEFICIENCY ACT.—Sec20 tion 1341 of title 31 (commonly referred to as the ‘Anti21 Deficiency Act’) shall apply to operations carried out 

22 under this section, except— 

23 ‘‘(1) in the case of law that expressly authorizes 

24 incurring obligations in advance of appropriations; 


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1 ‘‘(2) operations that involve emergencies involv2 ing the safety of human life or the protection of 

3 property; and 

4 ‘‘(3) with respect to functions necessary to dis5 charge the congressional duties of the President. 

6 ‘‘(c) COAST GUARD-SPECIFIC FUNDING LAPSE.—For 

7 purposes of this section, a Coast Guard-specific funding 

8 lapse occurs in any case in which a general appropriation 

9 bill providing appropriations for the Coast Guard for a 

10 fiscal year is not enacted before the beginning of such fis11 cal year (and no joint resolution making continuing appro12 priations for the Coast Guard is in effect). 

13 ‘‘(d) TERMINATION.—Appropriations and funds 

14 made available and authority granted for any fiscal year 

15 for any purpose under subsection (a) shall be available 

16 until whichever of the following first occurs: 

17 ‘‘(1) The enactment into law of an appropria18 tion (including a continuing appropriation) for such 

19 purpose. 

20 ‘‘(2) The enactment into law of the applicable 

21 regular or continuing appropriations resolution or 

22 other Act without any appropriation for such pur23 pose. 

24 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) QUALIFIED CIVILIAN EMPLOYEE.—The 

2 term ‘qualified civilian employee’ means a civilian 

3 employee of the Coast Guard who the Commandant 

4 determines is— 

5 ‘‘(A) providing support to members of the 

6 Coast Guard or another Armed Force; or 

7 ‘‘(B) performing work as an excepted em8 ployee or an employee performing emergency 

9 work, as such terms are defined by the Office 

10 of Personnel Management. 

11 ‘‘(2) QUALIFIED CONTRACT EMPLOYEE OF THE

12 COAST GUARD.—The term ‘qualified contract em13 ployee of the Coast Guard’ means an individual per14 forming work under a contract who the Com15 mandant determines is— 

16 ‘‘(A) providing support to military mem17 bers or qualified civilian employees of the Coast 

18 Guard or another Armed Force; or 

19 ‘‘(B) required to perform work during a 

20 lapse in appropriations.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 27 of title 14, United States Code, is amended by add23 ing at the end the following: 

‘‘2780. Pay; continuation during lapse in appropriations.’’. 

Æ 


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