[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2184 Introduced in House (IH)]

  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.


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                    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

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                                 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 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:
``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 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''.
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