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

<DOC>





                                                       Calendar No. 304
116th CONGRESS
  1st Session
                                S. 1877

                          [Report No. 116-158]

 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, Mr. Johnson, and Mr. Braun) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                           November 12, 2019

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Government Shutdown 
Accountability Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the term ``covered officer or employee'' 
        means--</DELETED>
                <DELETED>    (A) an officer or employee of the Office 
                of Management and Budget;</DELETED>
                <DELETED>    (B) an individual serving in a position on 
                level I of the Executive Schedule under section 5312 of 
                title 5, United States Code;</DELETED>
                <DELETED>    (C) a Member of Congress; or</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) the term ``emergency legislation'' means 
        legislation--</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) that, if not enacted, would be 
                inimical to the national security of the United 
                States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) the term ``Member of Congress'' has the 
        meaning given that term in section 2106 of title 5, United 
        States Code; and</DELETED>
        <DELETED>    (5) the term ``National Capital region'' has the 
        meaning given that term in section 8702 of title 40, United 
        States Code.</DELETED>

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

<DELETED>    (a) In General.--Section 8905 of title 5, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. EMPLOYMENT DURING A GOVERNMENT SHUTDOWN.</DELETED>

<DELETED>    (a) Outside Employment Permitted.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. LIMITS ON TRAVEL EXPENDITURES.</DELETED>

<DELETED>    (a) Limits on Official Travel.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exceptions.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Restriction on Use of Campaign Funds.--Section 313 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2), by striking ``for 
        ordinary'' and inserting ``except as provided in subsection 
        (d), for ordinary''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Restriction on Use of Campaign Funds for Official 
Travel During Lapse in Appropriations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 6. PROCEDURES IN THE SENATE AND HOUSE OF 
              REPRESENTATIVES.</DELETED>

<DELETED>    (a) In General.--During a Government shutdown, in the 
Senate and the House of Representatives--</DELETED>
        <DELETED>    (1) it shall not be in order to move to proceed to 
        any matter except for--</DELETED>
                <DELETED>    (A) a measure making appropriations for 
                the fiscal year during which the Government shutdown 
                begins;</DELETED>
                <DELETED>    (B) emergency legislation; or</DELETED>
                <DELETED>    (C) a motion relating to determining or 
                obtaining the presence of a quorum;</DELETED>
        <DELETED>    (2) it shall not be in order to move to recess or 
        adjourn for a period of more than 23 hours; and</DELETED>
        <DELETED>    (3) at noon each day, the Presiding Officer shall 
        direct the clerk to determine whether a quorum is 
        present.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Government Shutdowns Act of 
2019''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by adding at the end the following:
``Sec. 1311. Automatic continuing appropriations
    ``(a)(1)(A) On and after the first day of each fiscal year, if an 
appropriation Act for such fiscal year with respect to the account for 
a program, project, or activity has not been enacted and continuing 
appropriations are not in effect with respect to the program, project, 
or activity, there are appropriated such sums as may be necessary to 
continue, at the rate for operations specified in subparagraph (B), the 
program, project, or activity if funds were provided for the program, 
project, or activity during the preceding fiscal year.
    ``(B)(i) Except as provided in clause (ii), the rate for operations 
specified in this subparagraph with respect to a program, project, or 
activity is the rate for operations for the preceding fiscal year for 
the program, project, or activity--
            ``(I) provided in the corresponding appropriation Act for 
        such preceding fiscal year;
            ``(II) if the corresponding appropriation bill for such 
        preceding fiscal year was not enacted, provided in the law 
        providing continuing appropriations for such preceding fiscal 
        year; or
            ``(III) if the corresponding appropriation bill and a law 
        providing continuing appropriations for such preceding fiscal 
        year were not enacted, provided under this section for such 
        preceding fiscal year.
    ``(ii) For entitlements and other mandatory payments whose budget 
authority was provided for the previous fiscal year in appropriations 
Acts, under a law other than this section providing continuing 
appropriations for such previous year, or under this section, and for 
activities under the Food and Nutrition Act of 2008, appropriations and 
funds made available during a fiscal year under this section shall be 
at the rate necessary to maintain program levels under current law, 
under the authority and conditions provided in the applicable 
appropriations Act.
    ``(2) 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 any lapse in appropriations during such fiscal year 
and ending with the date on which the applicable regular appropriation 
bill for such fiscal year is enacted (whether or not such law provides 
appropriations for such program, project, or activity) or a law making 
continuing appropriations for the program, project, or activity is 
enacted, as the case may be.
    ``(3) Notwithstanding section 251(a)(1) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) and the 
timetable in section 254(a) of such Act (2 U.S.C. 904(a)), for any 
fiscal year for which appropriations and funds are made available under 
this section, the final sequestration report for such fiscal year 
pursuant to section 254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any 
order for such fiscal year pursuant to section 254(f)(5) of such Act (2 
U.S.C. 901(f)(5)) shall be issued--
            ``(A) for the Congressional Budget Office, 10 days after 
        the date on which all regular appropriation Acts for such 
        fiscal year or continuing appropriations through the end of 
        such fiscal year have been enacted; and
            ``(B) for the Office of Management and Budget, 15 days 
        after the date on which all regular appropriation Acts for such 
        fiscal year or continuing appropriations through the end of 
        such fiscal year have been enacted.
    ``(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 
Act, or a law making continuing appropriations until the end of such 
fiscal year, for such program, project, or activity is enacted.
    ``(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 for chapter 13 of 
title 31, United States Code, is amended by adding at the end the 
following:

``1311. Automatic continuing appropriations.''.

SEC. 3. TIMELY ENACTMENT OF REGULAR APPROPRIATION ACTS.

    (a) Definitions.--In this section--
            (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, as defined in section 
                2106 of title 5, United States Code; 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 ``covered period'' means any period on and 
        after the first day of a fiscal year, if all regular 
        appropriation Acts for such fiscal year have not been enacted;
            (3) 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;
            (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.
    (b) Limits on Travel Expenditures.--
            (1) Limits on official travel.--
                    (A) Limitation.--Except as provided in subparagraph 
                (B), during a covered period no amounts may be 
                obligated or expended for official travel by a covered 
                officer or employee.
                    (B) Exceptions.--
                            (i) Return to dc.--If a covered officer or 
                        employee is away from the seat of Government on 
                        the date on which a covered period begins, 
                        funds may be obligated and expended for 
                        official travel for a single return trip to the 
                        seat of Government by the covered officer or 
                        employee.
                            (ii) Travel in national capital region.--
                        During a covered period, 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.
            (2) Restriction on use of campaign funds.--Section 313 of 
        the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is 
        amended--
                    (A) in subsection (a)(2), by striking ``for 
                ordinary'' and inserting ``except as provided in 
                subsection (d), for ordinary''; and
                    (B) 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 covered period (as defined in section 3 of the Prevent 
        Government Shutdowns Act of 2019), 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 covered period (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.''.
    (c) Procedures in the Senate and House of Representatives.--
            (1) In general.--During a covered period, in the Senate and 
        the House of Representatives--
                    (A) it shall not be in order to move to proceed to 
                any matter except for--
                            (i) a measure making appropriations for the 
                        fiscal year during which the covered period 
                        begins;
                            (ii) emergency legislation; or
                            (iii) a motion relating to determining or 
                        obtaining the presence of a quorum;
                    (B) it shall not be in order to move to recess or 
                adjourn for a period of more than 23 hours; and
                    (C) at noon each day, the Presiding Officer shall 
                direct the clerk to determine whether a quorum is 
                present.
            (2) Waiver.--
                    (A) Limitation on period.--It shall not be in order 
                in the Senate or the House of Representatives to move 
                to waive any provision of paragraph (1) for a period 
                that is longer than 7 days.
                    (B) Supermajority vote.--A provision of paragraph 
                (1) 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.

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

    (a) Definitions.--In this section--
            (1) the term ``lapse in normal appropriations'' means 
        appropriations are in effect for 1 or more Federal agencies or 
        departments under section 1311 of title 31, United States Code, 
        as added by this Act (relating to automatic continuing 
        appropriations);
            (2) the term ``Member of Congress'' means an individual 
        serving in a position covered under subparagraph (A), (B), or 
        (C) of section 601(a)(1) of the Legislative Reorganization Act 
        of 1946 (2 U.S.C. 4501(1)); and
            (3) the term ``payroll administrator'', with respect to 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.
    (b) Prohibition.--
            (1) Holding salaries in escrow.--If on any day during a pay 
        period a lapse in normal appropriations is in effect, 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 of 
                        Congress 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 during which the lapse in normal 
                        appropriations is in effect; 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 first day on which the applicable 
                lapse in normal appropriations is in effect; and
                    (B) ends on the earlier of--
                            (i) the date on which the applicable lapse 
                        in normal appropriations is no longer in 
                        effect; or
                            (ii) the last day of the Congress during 
                        which the applicable lapse in normal 
                        appropriations began.
            (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).
    (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.
                                                       Calendar No. 304

116th CONGRESS

  1st Session

                                S. 1877

                          [Report No. 116-158]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 12, 2019

                       Reported with an amendment