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.
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:
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‘‘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 Regulation,
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
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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-
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SIGNMENT’’ in the item relating to subchapter III and
inserting ‘‘ASSIGNMENT, AND CONTINUANCE’’.
Æ