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 Re-
form 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONTINUANCE OF CIVILIAN PAY DURING PERI-
ODS OF LAPSED APPROPRIATIONS.
(a) CONTINUANCE OF PAY.—Subchapter III of chap-
ter 55 of title 5, United States Code, is amended by redes-
ignating section 5527 as section 5528 and inserting after
section 5526 the following:
‘‘§ 5527. Continuance of pay during periods of lapsed
appropriations
‘‘(a) For purposes of this section—
‘‘(1) the term ‘period of lapsed appropriations’,
when used with respect to any employee, means 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 the
agency in which that employee is employed;
‘‘(2) the term ‘pay’ means basic and premium
pay, allowances, agency contributions for retirement
and life and health insurance, and any other element
of aggregate compensation (as specified in section
530.202 of title 5 of the Code of Federal Regula-
tions, as in effect on the date of the enactment of
this Act, or, in the case of an employee not subject
to such section, any similar form of compensation);
and
‘‘(3) the term ‘employee’ means an officer or
employee of the United States, but does not include
a member of a uniformed service.
‘‘(b) For any period of lapsed appropriations, there
are appropriated, out of any moneys in the Treasury not
otherwise appropriated, such sums as may be necessary
for the pay of any employee who was employed as such
immediately before the period of lapsed appropriations
and who continues in the position in which he was so em-
ployed.
‘‘(c)(1) This section does not authorize expenditure
of funds during any period of lapsed appropriations for
the pay of any employee at a rate in excess of the rate
payable for that employee immediately before that period.
‘‘(2) This section shall not be construed to affect the
entitlement of any person to an amount of pay which is
in excess of the amount payable under this section and
to which such person is entitled under other applicable
provisions of law.
‘‘(d) Expenditures made for any fiscal year pursuant
to this section shall be charged to the applicable appro-
priation, fund, or authorization whenever the regular ap-
propriation bill becomes law.’’.
(b) CONFORMING AMENDMENTS.—(1) The heading
for subchapter III of chapter 55 of title 5, United States
Code, is amended by striking ‘‘AND ASSIGNMENT’’ and
inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.
(2) The analysis for chapter 55 of title 5, United
States Code, is amended by striking the item relating to
section 5527 and inserting the following:
‘‘5527. Continuance of pay during periods of lapsed appropriations.
‘‘5528. Regulations.’’.
(3) The analysis for chapter 55 of title 5, United
States Code, is further amended by striking ‘‘AND AS-
SIGNMENT’’ in the item relating to subchapter III and
inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.
SEC. 2. AUTHORITY TO MAKE CERTAIN EXPENDITURES
AND OBLIGATIONS DURING LAPSES IN AP-
PROPRIATIONS.
(a) AUTHORITY TO MAKE CERTAIN EXPENDITURES
AND OBLIGATIONS.—Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the fol-
lowing new section:
‘‘§ 1311. Authority to make certain expenditures and
obligations during lapses in appropria-
tions
‘‘(a)(1) Notwithstanding section 1341, if any appro-
priation bill for a fiscal year does not become law prior
to the beginning of such fiscal year, an officer or employee
of the United States Government or of the District of Co-
lumbia may make reasonable expenditures or obligations
as may be necessary to avoid losses in revenue, except rev-
enue obtained from user fees.
‘‘(2) Reasonable expenditures or obligations shall
mean a rate not in excess of the lower of—
‘‘(A) the rate provided for such an expenditure
or obligation in the corresponding appropriation Act
for the preceding fiscal year; or
‘‘(B) the rate provided for in the House or Sen-
ate passed appropriation bill for the fiscal year in
question.
‘‘(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this sec-
tion shall be available for the period beginning with the
first day of such fiscal year and ending with the earlier
of—
‘‘(A) the date on which the applicable appro-
priation bill for such fiscal year becomes law (wheth-
er or not such law provides for such project or activ-
ity), and
‘‘(B) the last day of such fiscal year.
‘‘(b) An appropriation or funds made available, or au-
thority granted, pursuant to this section for any fiscal year
shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available,
or authority granted for such operations for the preceding
fiscal year.
‘‘(c) Expenditures made for any fiscal year pursuant
to this section shall be charged to the applicable appro-
priation, fund, or authorization whenever the regular ap-
plicable appropriation bill for such fiscal year becomes law.
‘‘(d) This section shall not apply to operations during
a fiscal year if any other provision of law (other than an
authorization of appropriations)—
‘‘(1) makes an appropriation, makes funds
available, or grants authority for such project or ac-
tivity to continue for such period, or
‘‘(2) specifically provides that no appropriation
shall be made, no funds shall be made available, or
no authority shall be granted for such project or ac-
tivity to continue for such period.’’.
(B) CONFORMING AMENDMENT.—The analysis of
chapter 13 of title 31, United States Code, is amended
by inserting after the item relating to section 1310 the
following new item:
‘‘1311. Authority to make certain expenditures and obligations during lapses in
appropriations.’’.
SEC. 3. OMB PLAN IN CASE OF FUNDING LAPSE.
Within 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall, by rule, develop a plan setting forth policies and pro-
cedures to shutdown all or any part of the Government
in an orderly manner during a period of lapsed appropria-
tions.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to fiscal years beginning after September 30,
1995.
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