Shutdown Relief Act

I 116TH CONGRESS 1ST SESSION H. R. 673 To amend title 5, United States Code, to provide that a lapse in discretionary appropriations constitutes a financial hardship for purposes of a with- drawal from the Thrift Savings Plan, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 17, 2019 Mrs. LURIA (for herself, Mr. BROWN of Maryland, Mr. GRIFFITH, Ms. HOULAHAN, Mr. JONES, Mr. MCEACHIN, Mr. RUPPERSBERGER, Mr. SCOTT of Virginia, Ms. SEWELL of Alabama, Ms. SHERRILL, Ms. SLOTKIN, and Ms. SPANBERGER) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently de- termined 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 5, United States Code, to provide that a lapse in discretionary appropriations constitutes a finan- cial hardship for purposes of a withdrawal from the Thrift Savings Plan, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Shutdown Relief Act’’. 4 VerDate Sep 11 2014 01:26 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H673.IH H673 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 673 IH SEC. 2. TREATMENT OF GOVERNMENT SHUTDOWN FOR 1 PURPOSES OF TSP FINANCIAL HARDSHIP DE- 2 TERMINATION. 3 Section 8433(h) of title 5, United States Code, is 4 amended by adding at the end the following: 5 ‘‘(6)(A) Beginning on or after December 22, 6 2018, any lapse in the appropriations of an account 7 providing the salary of an employee shall be deemed 8 a financial hardship for purposes of paragraph 9 (1)(B). 10 ‘‘(B) A withdrawal by operation of subpara- 11 graph (A) may not be greater than the amount of 12 annual salary that the employee would have received 13 but for such lapse in appropriations. 14 ‘‘(C)(i) Section 72(t) of the Internal Revenue 15 Code of 1986 shall not apply to any Federal Govern- 16 ment shutdown distribution. 17 ‘‘(ii) For purposes of clause (i), the term ‘Fed- 18 eral Government shutdown distribution’ means any 19 distribution by an applicable individual from the 20 Thrift Savings Fund made during a lapse in appro- 21 priations with respect to such individual, by oper- 22 ation of subparagraph (A), but only to the extent, 23 not later than 180 days after the date of such dis- 24 tribution, such amount is contributed (in such man- 25 VerDate Sep 11 2014 01:26 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H673.IH H673 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 673 IH ner as the Board shall prescribe) to the individual’s 1 account. 2 ‘‘(iii) For purposes of the Internal Revenue 3 Code of 1986, if a contribution described in clause 4 (ii) is made by an individual with respect to a Fed- 5 eral Government shutdown distribution, then the in- 6 dividual shall, to the extent of the amount of the 7 contribution, be treated as having received the Fed- 8 eral Government shutdown distribution in an eligible 9 rollover distribution (as defined in section 402(c)(4) 10 of such Code) and as having transferred the amount 11 to an eligible retirement plan in a direct trustee to 12 trustee transfer within 60 days of the distribution.’’. 13 Æ VerDate Sep 11 2014 01:26 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H673.IH H673 pamtmann on DSKBFK8HB2PROD with BILLS