[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1877 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1877

 To establish procedures and consequences in the event of a failure to 
                    complete regular appropriations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2019

Mr. Lankford (for himself, Ms. Hassan, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish procedures and consequences in the event of a failure to 
                    complete regular 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 ``Government Shutdown Accountability 
Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``covered officer or employee'' means--
                    (A) an officer or employee of the Office of 
                Management and Budget;
                    (B) an individual serving in a position on level I 
                of the Executive Schedule under section 5312 of title 
                5, United States Code;
                    (C) a Member of Congress; or
                    (D) an employee of the personal office of a Member 
                of Congress, a committee of either House of Congress, 
                or a joint committee of Congress;
            (2) the term ``emergency legislation'' means legislation--
                    (A) providing assistance for an area with respect 
                to which the President has declared a major disaster 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170);
                    (B) directly addressing a national emergency 
                declared by the President under title II of the 
                National Emergencies Act (50 U.S.C. 1621 et seq.); or
                    (C) that, if not enacted, would be inimical to the 
                national security of the United States;
            (3) the term ``Government shutdown'' means a lapse in 
        appropriations for 1 or more Federal agencies or departments as 
        a result of a failure to enact a regular appropriations bill or 
        continuing resolution;
            (4) the term ``Member of Congress'' has the meaning given 
        that term in section 2106 of title 5, United States Code; and
            (5) the term ``National Capital region'' has the meaning 
        given that term in section 8702 of title 40, United States 
        Code.

SEC. 3. DESIGNATING CERTAIN FEHBP-RELATED SERVICES AS EXCEPTED SERVICES 
              UNDER THE ANTI-DEFICIENCY ACT.

    (a) In General.--Section 8905 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(i) In the event of a lapse in appropriations, the Director of 
the Office of Personnel Management shall designate any officer or 
employee who performs services relating to enrolling individuals in a 
health benefits plan under this chapter, or changing the enrollment of 
an individual already so enrolled due to a qualifying life event, as an 
excepted employee (as defined in section 1341(c) of title 31).''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any lapse in appropriations beginning on or after the date of 
enactment of this Act.

SEC. 4. EMPLOYMENT DURING A GOVERNMENT SHUTDOWN.

    (a) Outside Employment Permitted.--
            (1) In general.--Notwithstanding any other law, rule, or 
        regulation, and subject to paragraph (3), during any lapse in 
        appropriations beginning on or after December 22, 2018, any 
        Federal employee of an agency with respect to which 
        appropriations have lapsed and who is furloughed or excepted 
        from furlough and working without pay may, during such lapse, 
        seek and obtain employment outside the Federal Government.
            (2) Prior approval not required.--An employee subject to 
        this subsection may seek and obtain such employment without 
        prior approval from the employee's employing agency.
            (3) Limitations.--This subsection shall not be construed to 
        waive any restrictions or requirement with respect to conflicts 
        of interest, including section 208 of title 18, United States 
        Code, or part 2635 of title 5, Code of Federal Regulations.
    (b) Backpay.--Any compensation received by an employee by operation 
of subsection (a) shall not be taken into account for purposes of 
determining the amount of backpay such employee is entitled to under 
section 1341(c) of title 31, United States Code.

SEC. 5. LIMITS ON TRAVEL EXPENDITURES.

    (a) Limits on Official Travel.--
            (1) Limitation.--Except as provided in paragraph (2), 
        during a Government shutdown no amounts may be obligated or 
        expended for official travel by a covered officer or employee.
            (2) Exceptions.--
                    (A) Return to dc.--If a covered officer or employee 
                is away from the seat of Government on the date on 
                which a Government shutdown begins, funds may be 
                obligated and expended for official travel by the 
                covered officer or employee to return to the seat of 
                Government.
                    (B) Travel in national capital region.--During a 
                Government shutdown, amounts may be obligated and 
                expended for official travel by a covered officer or 
                employee from one location in the National Capital 
                region to another location in the National Capital 
                region.
    (b) Restriction on Use of Campaign Funds.--Section 313 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is amended--
            (1) in subsection (a)(2), by striking ``for ordinary'' and 
        inserting ``except as provided in subsection (d), for 
        ordinary''; and
            (2) by adding at the end the following:
    ``(d) Restriction on Use of Campaign Funds for Official Travel 
During Lapse in Appropriations.--
            ``(1) In general.--Except as provided in paragraph (2), 
        during a Government shutdown (as defined in section 2 of the 
        Government Shutdown Accountability Act), a contribution or 
        donation described in subsection (a) may not be obligated or 
        expended for travel in connection with duties of the individual 
        as a holder of Federal office.
            ``(2) Return to dc.--If the individual is away from the 
        seat of Government on the date on which a Government shutdown 
        (as so defined) begins, a contribution or donation described in 
        subsection (a) may be obligated and expended for travel by the 
        individual to return to the seat of Government.''.

SEC. 6. PROCEDURES IN THE SENATE AND HOUSE OF REPRESENTATIVES.

    (a) In General.--During a Government shutdown, in the Senate and 
the House of Representatives--
            (1) it shall not be in order to move to proceed to any 
        matter except for--
                    (A) a measure making appropriations for the fiscal 
                year during which the Government shutdown begins;
                    (B) emergency legislation; or
                    (C) a motion relating to determining or obtaining 
                the presence of a quorum;
            (2) it shall not be in order to move to recess or adjourn 
        for a period of more than 23 hours; and
            (3) at noon each day, the Presiding Officer shall direct 
        the clerk to determine whether a quorum is present.
    (b) Waiver.--Subsection (a) may only be waived or suspended upon an 
affirmative vote of two-thirds of the Members of the applicable House 
of Congress, duly chosen and sworn.
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