[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 834 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 834

    To amend title 31, United States Code, to provide for automatic 
    continuing appropriations, to prohibit the use of funds for the 
 official travel of Members of Congress and executive branch employees 
    and other activities during any period in which such automatic 
continuing appropriations are in effect, to withhold the pay of Members 
   of Congress during any period in which such automatic continuing 
         appropriations are in effect, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2019

Ms. Houlahan (for herself, Ms. Slotkin, Mr. Phillips, Mr. Allred, Mrs. 
     Axne, Mr. Cisneros, Mrs. Craig, Ms. Finkenauer, Mr. Harder of 
   California, Ms. Kendra S. Horn of Oklahoma, Mr. Kim, Mrs. Lee of 
 Nevada, Mr. Malinowski, Mr. McAdams, Ms. Mucarsel-Powell, Mr. Pappas, 
Mr. Rose of New York, Ms. Sherrill, Ms. Spanberger, Ms. Torres Small of 
 New Mexico, and Mrs. Trahan) introduced the following bill; which was 
  referred to the Committee on Appropriations, and in addition to the 
 Committees on Oversight and Reform, House Administration, and Rules, 
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 amend title 31, United States Code, to provide for automatic 
    continuing appropriations, to prohibit the use of funds for the 
 official travel of Members of Congress and executive branch employees 
    and other activities during any period in which such automatic 
continuing appropriations are in effect, to withhold the pay of Members 
   of Congress during any period in which such automatic continuing 
         appropriations are 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 Shutdown to End All Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by inserting after section 1310 the following new section:

``SEC. 1311. CONTINUING APPROPRIATIONS.

    ``(a)(1) If any appropriation measure for a fiscal year is not 
enacted before the beginning of such fiscal year or a joint resolution 
making continuing appropriations is not in effect, there are 
appropriated such sums as may be necessary to continue any program, 
project, or activity for which funds were provided in the preceding 
fiscal year--
            ``(A) in the corresponding appropriation Act for such 
        preceding fiscal year; or
            ``(B) if the corresponding appropriation bill for such 
        preceding fiscal year did not become law, then in a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year.
    ``(2)(A) Appropriations and funds made available, and authority 
granted, for a program, project, or activity for any fiscal year 
pursuant to this section shall be at a rate of operations not in excess 
of the lower of--
            ``(i) 100 percent of the rate of operations provided for in 
        the regular appropriation Act providing for such program, 
        project, or activity for the preceding fiscal year;
            ``(ii) in the absence of such an Act, 100 percent of the 
        rate of operations provided for such program, project, or 
        activity pursuant to a joint resolution making continuing 
        appropriations for such preceding fiscal year; or
            ``(iii) 100 percent of the annualized rate of operations 
        provided for in the most recently enacted joint resolution 
        making continuing appropriations for part of that fiscal year 
        or any funding levels established under the provisions of this 
        Act.
    ``(B) If this section is in effect at the end of a fiscal year, 
funding levels shall continue as provided in this section for the next 
fiscal year.
    ``(3) Appropriations and funds made available, and authority 
granted, for any fiscal year pursuant to this section for a program, 
project, or activity shall be available for the period beginning with 
the first day of a lapse in appropriations and ending with the date on 
which the applicable regular appropriation bill for such fiscal year 
becomes law (whether or not such law provides for such program, 
project, or activity) or a continuing resolution making appropriations 
becomes law, as the case may be.
    ``(b) An appropriation or funds made available, or authority 
granted, for a program, project, or activity for any fiscal year 
pursuant to this section shall be subject to the terms and conditions 
imposed with respect to the appropriation made or funds made available 
for the preceding fiscal year, or authority granted for such program, 
project, or activity under current law.
    ``(c) Expenditures made for a program, project, or activity for any 
fiscal year pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever a regular appropriation 
bill or a joint resolution making continuing appropriations until the 
end of a fiscal year providing for such program, project, or activity 
for such period becomes law.
    ``(d) This section shall not apply to a program, project, or 
activity during a fiscal year if any other provision of law (other than 
an authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or 
        grants authority for such program, project, or activity to 
        continue for such period; or
            ``(2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall 
        be granted for such program, project, or activity to continue 
        for such period.''.
    (b) Clerical Amendment.--The table of sections of chapter 13 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 1310 the following new item:

``1311. Continuing appropriations.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2020 and each succeeding fiscal year.

SEC. 3. PROHIBITING USE OF FUNDS FOR CERTAIN GOVERNMENT ACTIVITIES 
              WHILE AUTOMATIC CONTINUING APPROPRIATIONS ARE IN EFFECT.

    (a) Prohibition.--During the period described in subsection (c), no 
appropriated funds, including official funds of the House of 
Representatives, official funds of the Senate, or funds available under 
any Federal law, rule, or regulation, may be used to pay for the costs 
of any of the following:
            (1) Travel by members of congress.--Travel by a Member of 
        Congress (except as provided in paragraph (1) of subsection 
        (b)).
            (2) Travel by executive branch employees.--Travel by an 
        employee of an executive agency (except as provided in 
        paragraph (2) of subsection (b)).
            (3) Bonuses and other pay incentives.--Payments to covered 
        political appointees for relocation expenses or allowances, 
        differentials, bonuses, awards, or other similar cash payments 
        under title 5, United States Code, or any other provision of 
        law.
            (4) Reception and representation expenses.--Official 
        reception and representation expenses.
            (5) Exercise facilities and golf courses.--The operation of 
        an exercise facility or golf course.
    (b) Exceptions.--
            (1) Travel by members to washington metropolitan area.--
        Subsection (a) does not apply with respect to travel by a 
        Member of Congress to the Washington Metropolitan Area.
            (2) Waivers in case of emergency or threats to security.--
        The head of an executive agency may waive the application of 
        subsection (a) to travel by an employee of the agency if the 
        head of the agency determines that travel by the employee is 
        necessary to respond to a threat to national security, a 
        significant law enforcement event, or a natural disaster or 
        other similar emergency.
    (c) Period Described.--The period described in this paragraph is 
the period that--
            (1) begins on the 31st consecutive day on which 
        appropriations and funds are made available pursuant to section 
        1311 of title 31, United States Code (as added by section 
        2(a)); and
            (2) ends on the date on which appropriations and funds are 
        no longer made available pursuant to section 1311 of such 
        title.
    (d) Definitions.--In this section, the following definitions apply:
            (1) The term ``covered political appointee'' means any 
        full-time, noncareer Presidential or Vice-Presidential 
        appointee, noncareer appointee in the Senior Executive Service 
        (or other SES-type system), or appointee to a position that has 
        been excepted from the competitive service by reason of being 
        of a confidential or policymaking character (Schedule C and 
        other positions excepted under comparable criteria) in an 
        executive agency, but does not include any individual appointed 
        as a member of the Senior Foreign Service or solely as a 
        uniformed service commissioned officer.
            (2) The term ``executive agency'' has the meaning given 
        that term in section 105 of title 5, United States Code, and 
        includes the Executive Office of the President, the United 
        States Postal Service, and Postal Regulatory Commission, but 
        does not include the Government Accountability Office.
            (3) The term ``Washington Metropolitan Area'' means the 
        District of Columbia, the Counties of Montgomery and Prince 
        George's in Maryland, and the Counties of Arlington, Fairfax, 
        Loudon, and Prince William and the Cities of Alexandria and 
        Falls Church in Virginia.

SEC. 4. PROHIBITING PAYING MEMBERS OF CONGRESS WHILE AUTOMATIC 
              CONTINUING APPROPRIATIONS ARE IN EFFECT.

    (a) Rule for One Hundred Sixteenth Congress.--
            (1) Holding salaries in escrow.--If a pay period occurs 
        during the One Hundred Sixteenth Congress during the period 
        described in paragraph (2), the payroll administrator of each 
        House of Congress shall--
                    (A) deposit in an escrow account and exclude from 
                the payments otherwise required to be made with respect 
                to that 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) the daily rate of pay of 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 
                        the pay period; and
                    (B) release amounts deposited in an escrow account 
                under subparagraph (A) to such Member of Congress only 
                upon the expiration of the period described in 
                paragraph (2).
            (2) Period described.--The period described in this 
        paragraph is the period that--
                    (A) begins on the 31st consecutive day on which 
                appropriations and funds are made available pursuant to 
                section 1311 of title 31, United States Code (as added 
                by section 2(a)); and
                    (B) ends on the earlier of--
                            (i) the date on which appropriations and 
                        funds are no longer made available pursuant to 
                        section 1311 of such title; or
                            (ii) the last day of the One Hundred 
                        Sixteenth Congress.
            (3) Withholding and remittance of amounts from payments 
        held in escrow.--The payroll administrator of each House of 
        Congress shall provide for the same withholding and remittance 
        with respect to a payment deposited in an escrow account under 
        paragraph (1) that would apply to the payment if the payment 
        were not subject to paragraph (1).
            (4) Release of amounts at end of the congress.--In order to 
        ensure that this subsection is carried out in a manner that 
        shall not vary the compensation of Senators or Representatives 
        in violation of the twenty-seventh amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payment 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 
        Sixteenth Congress.
    (b) Subsequent Congresses.--
            (1) Reduction in salaries.--If a pay period occurs during 
        the One Hundred Seventeenth Congress or any succeeding Congress 
        during the period described in paragraph (2), the payroll 
        administrator of each House of Congress shall exclude from the 
        payments otherwise required to be made with respect to that pay 
        period for the compensation of each Member of Congress who 
        serves in that House of Congress an amount equal to the product 
        of--
                    (A) the daily rate of pay of the Member under 
                section 601(a) of the Legislative Reorganization Act of 
                1946 (2 U.S.C. 4501); and
                    (B) the number of 24-hour periods during the pay 
                period.
            (2) Period described.--The period described in this 
        paragraph is the period that--
                    (A) begins on the 31st consecutive day on which 
                appropriations and funds are made available pursuant to 
                section 1311 of title 31, United States Code (as added 
                by section 2(a)); and
                    (B) ends on the date on which appropriations and 
                funds are no longer made available pursuant to section 
                1311 of such title.
    (c) Role of Secretary of the Treasury.--The Secretary of the 
Treasury shall provide the payroll administrator of each House of 
Congress with such assistance as may be necessary to enable the payroll 
administrator to carry out this section.
    (d) Definition.--In this section, the term ``payroll 
administrator'', with respect to a House of Congress, means--
            (1) 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
            (2) 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.

SEC. 5. QUORUM CALLS.

    On each day on which appropriations and funds are made available 
pursuant to section 1311 of title 31, United States Code (as added by 
section 2(a)), including weekends and legal public holidays, each House 
of Congress shall convene and hold a quorum call of its members.

SEC. 6. MEMBER OF CONGRESS DEFINED.

    In this Act, the term ``Member of Congress'' means a Senator or a 
Representative in, or Delegate or Resident Commissioner to, the 
Congress.
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