[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2007 Introduced in House (IH)]







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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED 
              APPROPRIATIONS.

    (a) Continuance of Pay.--Subchapter III of chapter 55 of title 5, 
United States Code, is amended by redesignating section 5527 as section 
5528 and inserting after section 5526 the following:
``Sec. 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 Regulations, 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 
employed.
    ``(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 appropriation, fund, or 
authorization whenever the regular appropriation 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 ASSIGNMENT'' in the item relating to 
subchapter III and inserting ``ASSIGNMENT, AND CONTINUANCE''.
SEC. 2. AUTHORITY TO MAKE CERTAIN EXPENDITURES AND OBLIGATIONS DURING 
              LAPSES IN APPROPRIATIONS.

    (a) Authority To Make Certain Expenditures and Obligations.--
Chapter 13 of title 31, United States Code, is amended by inserting 
after section 1310 the following new section:
``Sec. 1311. Authority to make certain expenditures and obligations 
              during lapses in appropriations
    ``(a)(1) Notwithstanding section 1341, if any appropriation 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 Columbia may make reasonable expenditures or 
obligations as may be necessary to avoid losses in revenue, except 
revenue 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 Senate 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 section 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 appropriation bill 
        for such fiscal year becomes law (whether or not such law 
        provides for such project or activity), and
            ``(B) the last day of such fiscal year.
    ``(b) An appropriation or funds made available, or authority 
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 appropriation, fund, or 
authorization whenever the regular applicable 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 activity 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 activity 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 procedures to shutdown all or any 
part of the Government in an orderly manner during a period of lapsed 
appropriations.
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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