The Shutdown to End All Shutdowns Act

I 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 fol- lowing bill; which was referred to the Committee on Appropriations, and in addition to the Committees on Oversight and Reform, House Adminis- tration, 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 auto- matic continuing appropriations, to prohibit the use of funds for the official travel of Members of Congress and executive branch employees and other activities dur- ing any period in which such automatic continuing ap- propriations are in effect, to withhold the pay of Mem- bers of Congress during any period in which such auto- VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 2 •HR 834 IH matic continuing appropriations are in effect, 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 to End All 4 Shutdowns Act’’. 5 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 6 (a) IN GENERAL.—Chapter 13 of title 31, United 7 States Code, is amended by inserting after section 1310 8 the following new section: 9 ‘‘SEC. 1311. CONTINUING APPROPRIATIONS. 10 ‘‘(a)(1) If any appropriation measure for a fiscal year 11 is not enacted before the beginning of such fiscal year or 12 a joint resolution making continuing appropriations is not 13 in effect, there are appropriated such sums as may be nec- 14 essary to continue any program, project, or activity for 15 which funds were provided in the preceding fiscal year— 16 ‘‘(A) in the corresponding appropriation Act for 17 such preceding fiscal year; or 18 ‘‘(B) if the corresponding appropriation bill for 19 such preceding fiscal year did not become law, then 20 in a joint resolution making continuing appropria- 21 tions for such preceding fiscal year. 22 ‘‘(2)(A) Appropriations and funds made available, 23 and authority granted, for a program, project, or activity 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 3 •HR 834 IH for any fiscal year pursuant to this section shall be at a 1 rate of operations not in excess of the lower of— 2 ‘‘(i) 100 percent of the rate of operations pro- 3 vided for in the regular appropriation Act providing 4 for such program, project, or activity for the pre- 5 ceding fiscal year; 6 ‘‘(ii) in the absence of such an Act, 100 percent 7 of the rate of operations provided for such program, 8 project, or activity pursuant to a joint resolution 9 making continuing appropriations for such preceding 10 fiscal year; or 11 ‘‘(iii) 100 percent of the annualized rate of op- 12 erations provided for in the most recently enacted 13 joint resolution making continuing appropriations 14 for part of that fiscal year or any funding levels es- 15 tablished under the provisions of this Act. 16 ‘‘(B) If this section is in effect at the end of a fiscal 17 year, funding levels shall continue as provided in this sec- 18 tion for the next fiscal year. 19 ‘‘(3) Appropriations and funds made available, and 20 authority granted, for any fiscal year pursuant to this sec- 21 tion for a program, project, or activity shall be available 22 for the period beginning with the first day of a lapse in 23 appropriations and ending with the date on which the ap- 24 plicable regular appropriation bill for such fiscal year be- 25 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 4 •HR 834 IH comes law (whether or not such law provides for such pro- 1 gram, project, or activity) or a continuing resolution mak- 2 ing appropriations becomes law, as the case may be. 3 ‘‘(b) An appropriation or funds made available, or au- 4 thority granted, for a program, project, or activity for any 5 fiscal year pursuant to this section shall be subject to the 6 terms and conditions imposed with respect to the appro- 7 priation made or funds made available for the preceding 8 fiscal year, or authority granted for such program, project, 9 or activity under current law. 10 ‘‘(c) Expenditures made for a program, project, or 11 activity for any fiscal year pursuant to this section shall 12 be charged to the applicable appropriation, fund, or au- 13 thorization whenever a regular appropriation bill or a joint 14 resolution making continuing appropriations until the end 15 of a fiscal year providing for such program, project, or 16 activity for such period becomes law. 17 ‘‘(d) This section shall not apply to a program, 18 project, or activity during a fiscal year if any other provi- 19 sion of law (other than an authorization of appropria- 20 tions)— 21 ‘‘(1) makes an appropriation, makes funds 22 available, or grants authority for such program, 23 project, or activity to continue for such period; or 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 5 •HR 834 IH ‘‘(2) specifically provides that no appropriation 1 shall be made, no funds shall be made available, or 2 no authority shall be granted for such program, 3 project, or activity to continue for such period.’’. 4 (b) CLERICAL AMENDMENT.—The table of sections 5 of chapter 13 of title 31, United States Code, is amended 6 by inserting after the item relating to section 1310 the 7 following new item: 8 ‘‘1311. Continuing appropriations.’’. (c) EFFECTIVE DATE.—The amendments made by 9 this section shall apply with respect to fiscal year 2020 10 and each succeeding fiscal year. 11 SEC. 3. PROHIBITING USE OF FUNDS FOR CERTAIN GOV- 12 ERNMENT ACTIVITIES WHILE AUTOMATIC 13 CONTINUING APPROPRIATIONS ARE IN EF- 14 FECT. 15 (a) PROHIBITION.—During the period described in 16 subsection (c), no appropriated funds, including official 17 funds of the House of Representatives, official funds of 18 the Senate, or funds available under any Federal law, rule, 19 or regulation, may be used to pay for the costs of any 20 of the following: 21 (1) TRAVEL BY MEMBERS OF CONGRESS.— 22 Travel by a Member of Congress (except as provided 23 in paragraph (1) of subsection (b)). 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 6 •HR 834 IH (2) TRAVEL BY EXECUTIVE BRANCH EMPLOY- 1 EES.—Travel by an employee of an executive agency 2 (except as provided in paragraph (2) of subsection 3 (b)). 4 (3) BONUSES AND OTHER PAY INCENTIVES.— 5 Payments to covered political appointees for reloca- 6 tion expenses or allowances, differentials, bonuses, 7 awards, or other similar cash payments under title 8 5, United States Code, or any other provision of law. 9 (4) RECEPTION AND REPRESENTATION EX- 10 PENSES.—Official reception and representation ex- 11 penses. 12 (5) EXERCISE FACILITIES AND GOLF 13 COURSES.—The operation of an exercise facility or 14 golf course. 15 (b) EXCEPTIONS.— 16 (1) TRAVEL BY MEMBERS TO WASHINGTON 17 METROPOLITAN AREA.—Subsection (a) does not 18 apply with respect to travel by a Member of Con- 19 gress to the Washington Metropolitan Area. 20 (2) WAIVERS IN CASE OF EMERGENCY OR 21 THREATS TO SECURITY.—The head of an executive 22 agency may waive the application of subsection (a) 23 to travel by an employee of the agency if the head 24 of the agency determines that travel by the employee 25 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 7 •HR 834 IH is necessary to respond to a threat to national secu- 1 rity, a significant law enforcement event, or a nat- 2 ural disaster or other similar emergency. 3 (c) PERIOD DESCRIBED.—The period described in 4 this paragraph is the period that— 5 (1) begins on the 31st consecutive day on which 6 appropriations and funds are made available pursu- 7 ant to section 1311 of title 31, United States Code 8 (as added by section 2(a)); and 9 (2) ends on the date on which appropriations 10 and funds are no longer made available pursuant to 11 section 1311 of such title. 12 (d) DEFINITIONS.—In this section, the following defi- 13 nitions apply: 14 (1) The term ‘‘covered political appointee’’ 15 means any full-time, noncareer Presidential or Vice- 16 Presidential appointee, noncareer appointee in the 17 Senior Executive Service (or other SES-type sys- 18 tem), or appointee to a position that has been ex- 19 cepted from the competitive service by reason of 20 being of a confidential or policymaking character 21 (Schedule C and other positions excepted under com- 22 parable criteria) in an executive agency, but does not 23 include any individual appointed as a member of the 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 8 •HR 834 IH Senior Foreign Service or solely as a uniformed serv- 1 ice commissioned officer. 2 (2) The term ‘‘executive agency’’ has the mean- 3 ing given that term in section 105 of title 5, United 4 States Code, and includes the Executive Office of 5 the President, the United States Postal Service, and 6 Postal Regulatory Commission, but does not include 7 the Government Accountability Office. 8 (3) The term ‘‘Washington Metropolitan Area’’ 9 means the District of Columbia, the Counties of 10 Montgomery and Prince George’s in Maryland, and 11 the Counties of Arlington, Fairfax, Loudon, and 12 Prince William and the Cities of Alexandria and 13 Falls Church in Virginia. 14 SEC. 4. PROHIBITING PAYING MEMBERS OF CONGRESS 15 WHILE AUTOMATIC CONTINUING APPRO- 16 PRIATIONS ARE IN EFFECT. 17 (a) RULE FOR ONE HUNDRED SIXTEENTH CON- 18 GRESS.— 19 (1) HOLDING SALARIES IN ESCROW.—If a pay 20 period occurs during the One Hundred Sixteenth 21 Congress during the period described in paragraph 22 (2), the payroll administrator of each House of Con- 23 gress shall— 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 9 •HR 834 IH (A) deposit in an escrow account and ex- 1 clude from the payments otherwise required to 2 be made with respect to that pay period for the 3 compensation of each Member of Congress who 4 serves in that House of Congress an amount 5 equal to the product of— 6 (i) the daily rate of pay of the Mem- 7 ber under section 601(a) of the Legislative 8 Reorganization Act of 1946 (2 U.S.C. 9 4501); and 10 (ii) the number of 24-hour periods 11 during the pay period; and 12 (B) release amounts deposited in an es- 13 crow account under subparagraph (A) to such 14 Member of Congress only upon the expiration of 15 the period described in paragraph (2). 16 (2) PERIOD DESCRIBED.—The period described 17 in this paragraph is the period that— 18 (A) begins on the 31st consecutive day on 19 which appropriations and funds are made avail- 20 able pursuant to section 1311 of title 31, 21 United States Code (as added by section 2(a)); 22 and 23 (B) ends on the earlier of— 24 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 10 •HR 834 IH (i) the date on which appropriations 1 and funds are no longer made available 2 pursuant to section 1311 of such title; or 3 (ii) the last day of the One Hundred 4 Sixteenth Congress. 5 (3) WITHHOLDING AND REMITTANCE OF 6 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 7 payroll administrator of each House of Congress 8 shall provide for the same withholding and remit- 9 tance with respect to a payment deposited in an es- 10 crow account under paragraph (1) that would apply 11 to the payment if the payment were not subject to 12 paragraph (1). 13 (4) RELEASE OF AMOUNTS AT END OF THE 14 CONGRESS.—In order to ensure that this subsection 15 is carried out in a manner that shall not vary the 16 compensation of Senators or Representatives in vio- 17 lation of the twenty-seventh amendment to the Con- 18 stitution of the United States, the payroll adminis- 19 trator of a House of Congress shall release for pay- 20 ment to Members of that House of Congress any 21 amounts remaining in any escrow account under this 22 section on the last day of the One Hundred Six- 23 teenth Congress. 24 (b) SUBSEQUENT CONGRESSES.— 25 VerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834 pbinns on DSK79D2C42PROD with BILLS 11 •HR 834 IH (1) REDUCTION IN SALARIES.—If a pay period 1 occurs during the One Hundred Seventeenth Con- 2 gress or any succeeding Congress during the period 3 described in paragraph (2), the payroll administrator 4 of each House of Congress shall exclude from the 5 payments otherwise required to be made with re- 6 spect to that pay period for the compensation of 7 each Member of Congress who serves in that House 8 of Congress an amount equal to the product of— 9 (A) the daily rate of pay of the Member 10 under section 601(a) of the Legislative Reorga- 11 nization Act of 1946 (2 U.S.C. 4501); and 12 (B) the number of 24-hour periods during 13 the pay period. 14 (2) PERIOD DESCRIBED.—The period described 15 in this paragraph is the period that— 16 (A) begins on the 31st consecutive day on 17 which appropriations and funds are made avail- 18 able pursuant to section 1311 of title 31, 19 United States Code (as added by section 2(a)); 20 and 21 (B) ends on the date on which appropria- 22 tions and funds are no longer made available [Text truncated for display. 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