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