Comments on H.R. 5704

A Congressional committee requested comments on proposed legislation that provides authority to continue the pay of Federal employees and military personnel during periods in which the enactment of appropriations is delayed. The purpose of this bill is to assure that Federal civilian and military personnel continue to receive their pay at the start of a new fiscal year, whether or not the Congress has enacted regular appropriation acts. The legislation would constitute a permanent, indefinite appropriation of whatever amount of funds is necessary for Federal employees' pay, and would make these funds available automatically without any further action by the Congress. Proposed suggestions to the legislation include: (1) elimination and replacement of the term "lapsed appropriations" with the term "expired appropriations" as current usage among Federal agencies favors this term; (2) continuation of the pay of employees who remain employed by the same agency and members who remain members of the uniformed services in order to maintain management flexibility; (3) addition of the concept that limitation should apply to all types of pay increases so that the same rate as before the period of expired appropriations exists; (4) clarification of the term employee so that all Federal employees pay is continued; (5) definition of the intent of legislation as to whether only active duty personnel be included in the permanent appropriation or whether the military reserve or inactive duty training personnel should also be included; (6) specification of the period of availability of funds so that the funds are charged to the applicable appropriation; and (7) elimination of a new section 5509 in the bill which would result in duplication.