II 110th CONGRESS 1st Session S. 2462 IN THE SENATE OF THE UNITED STATES December 12, 2007 Mr. Akaka (for himself, Mr. Dodd, and Mr. Obama) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide that before the Secretary of Defense may furlough any employee of the Department of Defense on the basis of a lack of funds, the Secretary shall suspend any nonessential service contract entered into by the Department of Defense, and for other purposes.

1.

Limitation on Furloughs of Employees of the Department of Defense

(a)

Definitions

In this Act: (1)

Employee

The term employee— (A)has the meaning given under section 7511(a)(1) of title 5, United States Code; and (B)includes a member of the Senior Executive Service. (2)

Furlough

The term furlough— (A)has the meaning given under section 7511(a)(5) of title 5, United States Code; and (B)with respect to a member of the Senior Executive Service, has the meaning given under section 3595a(a) of title 5, United States Code. (b)

Limitation on Furloughs

Before the Secretary of Defense may furlough employees of the Department of Defense on the basis of a lack of funds, the Secretary shall suspend all nonessential service contracts entered into by the Department of Defense as are necessary to make up for the lack of funds. (c)

Transfer of funds

The Secretary of Defense shall transfer an amount equal to payments not required to be made by the United States by reason of the suspension of contracts under subsection (b) from the applicable appropriations accounts used for making such payments into the applicable appropriations accounts for the salaries and expenses of employees. (d)

Use of transferred funds

Amounts transferred into appropriations accounts under subsection (c) may be used for authorized purposes of those accounts to prevent the furlough of employees on the basis of a lack of funds. (e)

Effective date

This Act shall apply with respect to fiscal year 2008.