[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 396 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 396

   To amend titles 5 and 37, 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 SENATE OF THE UNITED STATES

                             March 5, 1997

 Ms. Mikulski (for herself and Mr. Sarbanes) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend titles 5 and 37, 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. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Compensation 
Protection Act of 1997''.

SEC. 2. 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 an 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 employing agency of the employee;
            ``(2) the term `employee' means an individual employed (or 
        holding office) in or under an agency;
            ``(3) the term `agency' means--
                    ``(A) an Executive agency;
                    ``(B) the judicial branch;
                    ``(C) the Library of Congress;
                    ``(D) the Government Printing Office;
                    ``(E) the legislative branch (excluding any agency 
                otherwise referred to in this paragraph); and
                    ``(F) the government of the District of Columbia;
            ``(4) the term `pay' means--
                    ``(A) basic pay;
                    ``(B) premium pay;
                    ``(C) agency contributions for retirement and life 
                and health insurance; and
                    ``(D) any other element of aggregate compensation, 
                including allowances, differentials, bonuses, awards, 
                and other similar cash payments; and
            ``(5) the term `furlough' means the placing of an employee 
        in a temporary status without duties and pay because of lack of 
        work or funds or other nondisciplinary reasons.
    ``(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--
            ``(1) performs service as an employee during the period of 
        lapsed appropriations; or
            ``(2) is prevented from serving during such period by 
        reason of having been furloughed due to a lapse in 
        appropriations.
    ``(c)(1) Notwithstanding section 1341 of title 31, any employee who 
is furloughed due to a lapse in appropriations shall be paid for the 
period during which such employee is so furloughed.
    ``(2) For purposes of paragraph (1), the pay payable to an employee 
for any period during which such employee is furloughed shall be the 
pay that would have been payable to such employee for such period had 
such employee not been furloughed.
    ``(d) For purposes of carrying out section 5528 with respect to 
this section, any reference in section 5528(b) to an agency outside the 
executive branch shall be construed based on the definition of `agency' 
under subsection (a).
    ``(e) 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) Technical and 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 table of sections at the beginning of 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 table of sections at the beginning of 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. 3. CONTINUANCE OF MILITARY PAY DURING PERIODS OF LAPSED 
              APPROPRIATIONS.

    (a) Continuance of Pay.--Chapter 19 of title 37, United States 
Code, is amended by adding at the end the following:
``Sec. 1015. Continuance of pay during periods of lapsed appropriations
    ``(a) For the purposes of this section--
            ``(1) the term `pay', with respect to a member of a 
        uniformed service, means the pay and allowances of such member; 
        and
            ``(2) the term `period of lapsed appropriations', when used 
        with respect to any member, 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 uniformed service of that member.
    ``(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 member 
serving as a member of a uniformed service during the period of lapsed 
appropriations.
    ``(c) 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) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 19 of title 37, United States Code, is amended 
by inserting after the item relating to section 1014 the following:

``1015. Continuance of pay during periods of lapsed appropriations.''.
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