[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4852 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4852

 To make continuing appropriations for military pay in the event of a 
  shutdown of the Federal Government, to reduce the pay of Members of 
Congress during periods in which such a shutdown is in effect, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2018

 Ms. McSally (for herself, Mr. Poliquin, Mr. Pittenger, Mr. Bilirakis, 
    Mr. Gallagher, Mr. Faso, Mr. Yoder, Mr. Mullin, Mr. Thompson of 
 Pennsylvania, Mr. Smucker, Mr. Zeldin, Mr. Cole, and Mr. Gottheimer) 
 introduced the following bill; which was referred to the Committee on 
      Appropriations, and in addition to the Committees on House 
Administration, and Oversight and Government Reform, 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 make continuing appropriations for military pay in the event of a 
  shutdown of the Federal Government, to reduce the pay of Members of 
Congress during periods in which such a shutdown is in effect, and for 
                            other purposes.

    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 ``Pay Our Protectors Not Our 
Politicians Act of 2018''.

SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF THE ARMED FORCES AND 
              EMPLOYEES OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--There are hereby appropriated for fiscal year 
2018, out of any money in the Treasury not otherwise appropriated, for 
any period during which interim or full-year appropriations for fiscal 
year 2018 are not in effect--
            (1) such sums as are necessary to provide pay and 
        allowances to members of the Armed Forces (as defined in 
        section 101(a)(4) of title 10, United States Code), including 
        reserve components thereof, who perform active service during 
        such period, including Active Guard and Reserve duty under 
        section 328 of title 32, United States Code;
            (2) such sums as are necessary to provide pay and 
        allowances to members of the reserve components of the Armed 
        Forces (as named in section 10101 of title 10, United States 
        Code) who perform inactive-duty training (as defined in section 
        101(d)(7) of such title) during such period;
            (3) such sums as are necessary to provide pay and 
        allowances to the civilian personnel of the Department of 
        Defense (and the Department of Homeland Security in the case of 
        the Coast Guard) whom the Secretary concerned determines are 
        providing support to members of the Armed Forces described in 
        paragraph (1);
            (4) such sums as are necessary to provide pay and 
        allowances to contractors of the Department of Defense (and the 
        Department of Homeland Security in the case of the Coast Guard) 
        whom the Secretary concerned determines are providing support 
        to members of the Armed Forces described in paragraph (1);
            (5) such sums as are necessary to provide pay and 
        allowances to employees of the Department of Homeland Security 
        whom the Secretary concerned determines are performing national 
        security activities;
            (6) such sums as are necessary to provide death gratuities 
        under sections 1475-1477 and 1489 of title 10, United States 
        Code;
            (7) such sums as are necessary to provide payment or 
        reimbursement for funeral and burial expenses authorized under 
        sections 1481 and 1482 of title 10, United States Code;
            (8) such sums as are necessary to provide payment or 
        reimbursement of authorized funeral travel and travel related 
        to the dignified transfer of remains and unit memorial services 
        under section 481f of title 37, United States Code; and
            (9) such sums as are necessary to provide the temporary 
        continuation of a basic allowance of housing for dependents of 
        members dying on active duty, as authorized by section 403(l) 
        of title 37, United States Code.
    (b) Termination.--Appropriations and funds made available and 
authority granted pursuant to this section shall be available until 
whichever of the following first occurs: (1) the enactment into law of 
an appropriation (including a continuing appropriation) for any purpose 
for which amounts are made available in section 2; (2) the enactment 
into law of the applicable regular or continuing appropriations 
resolution or other Act without any appropriation for such purpose; or 
(3) January 1, 2019.
    (c) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' means--
            (1) the Secretary of Defense with respect to matters 
        concerning the Department of Defense; and
            (2) the Secretary of Homeland Security with respect to 
        matters concerning the Department of Homeland Security or the 
        Coast Guard.

SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT 
              SHUTDOWN OCCURS.

    (a) Reduction of Pay for Each Day of Government Shutdown.--If on 
any day during a year a Government shutdown is in effect, the annual 
rate of pay applicable under section 601(a) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 4501) with respect to each Member 
of Congress for the year shall be reduced by an amount equal to the 
product of--
            (1) an amount equal to one day's worth of pay under such 
        annual rate; and
            (2) the number of 24-hour periods during which the 
        Government shutdown is in effect.
    (b) Effective Date.--Subsection (a) shall apply only with respect 
to days occurring during the One Hundred Sixteenth Congress and each 
succeeding Congress.
    (c) Special Rule for One Hundred Fifteenth Congress.--
            (1) Holding salaries in escrow.--If on any day during the 
        One Hundred Fifteenth Congress a Government shutdown is in 
        effect, the payroll administrator of that House of Congress 
        shall--
                    (A) withhold from the payments otherwise required 
                to be made with respect to a pay period for the 
                compensation of each Member of Congress who serves in 
                that House of Congress an amount equal to the product 
                of--
                            (i) an amount equal to one day's worth of 
                        pay under the annual rate of pay applicable to 
                        the Member under section 601(a) of the 
                        Legislative Reorganization Act of 1946 (2 
                        U.S.C. 4501); and
                            (ii) the number of 24-hour periods during 
                        which the Government shutdown is in effect 
                        which occur during the pay period; and
                    (B) deposit in an escrow account all amounts 
                withheld under paragraph (1).
            (2) Release of amounts at end of the congress.--In order to 
        ensure that this section is carried out in a manner that shall 
        not vary the compensation of Senators or Representatives in 
        violation of the twenty-seventh article of amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payments to Members of 
        that House of Congress any amounts remaining in any escrow 
        account under this section on the last day of the One Hundred 
        Fifteenth Congress.
            (3) Role of secretary of the treasury.--The Secretary of 
        the Treasury shall provide the payroll administrators of the 
        Houses of Congress with such assistance as may be necessary to 
        enable the payroll administrators to carry out this section.
            (4) Exception for days occurring after general election.--
        This section does not apply with respect to any day during the 
        One Hundred Fifteenth Congress which occurs after the date of 
        the regularly scheduled general election for Federal office 
        held in November 2018.
    (d) Determination of Government Shutdown.--For purposes of this 
section, a Government shutdown shall be considered to be in effect if 
there is a lapse in appropriations for any Federal agency or department 
as a result of a failure to enact a regular appropriations bill or 
continuing resolution.
    (e) Definitions.--In this section:
            (1) The term ``Member of Congress'' means an individual 
        serving in a position under subparagraph (A), (B), or (C) of 
        section 601(a) of the Legislative Reorganization Act of 1946 (2 
        U.S.C. 4501).
            (2) The term ``payroll administrator'' of a House of 
        Congress means--
                    (A) in the case of the House of Representatives, 
                the Chief Administrative Officer of the House of 
                Representatives, or an employee of the Office of the 
                Chief Administrative Officer who is designated by the 
                Chief Administrative Officer to carry out this section; 
                and
                    (B) in the case of the Senate, the Secretary of the 
                Senate, or an employee of the Office of the Secretary 
                of the Senate who is designated by the Secretary to 
                carry out this section.
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