Prevent Government Shutdowns Act of 2019

II 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 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 ‘‘Government Shutdown 4 Accountability Act’’. 5 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1877 RS SEC. 2. DEFINITIONS. 1 In this Act— 2 (1) the term ‘‘covered officer or employee’’ 3 means— 4 (A) an officer or employee of the Office of 5 Management and Budget; 6 (B) an individual serving in a position on 7 level I of the Executive Schedule under section 8 5312 of title 5, United States Code; 9 (C) a Member of Congress; or 10 (D) an employee of the personal office of 11 a Member of Congress, a committee of either 12 House of Congress, or a joint committee of 13 Congress; 14 (2) the term ‘‘emergency legislation’’ means leg- 15 islation— 16 (A) providing assistance for an area with 17 respect to which the President has declared a 18 major disaster under section 401 of the Robert 19 T. Stafford Disaster Relief and Emergency As- 20 sistance Act (42 U.S.C. 5170); 21 (B) directly addressing a national emer- 22 gency declared by the President under title II 23 of the National Emergencies Act (50 U.S.C. 24 1621 et seq.); or 25 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1877 RS (C) that, if not enacted, would be inimical 1 to the national security of the United States; 2 (3) the term ‘‘Government shutdown’’ means a 3 lapse in appropriations for 1 or more Federal agen- 4 cies or departments as a result of a failure to enact 5 a regular appropriations bill or continuing resolu- 6 tion; 7 (4) the term ‘‘Member of Congress’’ has the 8 meaning given that term in section 2106 of title 5, 9 United States Code; and 10 (5) the term ‘‘National Capital region’’ has the 11 meaning given that term in section 8702 of title 40, 12 United States Code. 13 SEC. 3. DESIGNATING CERTAIN FEHBP-RELATED SERVICES 14 AS EXCEPTED SERVICES UNDER THE ANTI- 15 DEFICIENCY ACT. 16 (a) IN GENERAL.—Section 8905 of title 5, United 17 States Code, is amended by adding at the end the fol- 18 lowing: 19 ‘‘(i) In the event of a lapse in appropriations, the Di- 20 rector of the Office of Personnel Management shall des- 21 ignate any officer or employee who performs services relat- 22 ing to enrolling individuals in a health benefits plan under 23 this chapter, or changing the enrollment of an individual 24 already so enrolled due to a qualifying life event, as an 25 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1877 RS excepted employee (as defined in section 1341(c) of title 1 31).’’. 2 (b) APPLICATION.—The amendment made by sub- 3 section (a) shall apply to any lapse in appropriations be- 4 ginning on or after the date of enactment of this Act. 5 SEC. 4. EMPLOYMENT DURING A GOVERNMENT SHUT- 6 DOWN. 7 (a) OUTSIDE EMPLOYMENT PERMITTED.— 8 (1) IN GENERAL.—Notwithstanding any other 9 law, rule, or regulation, and subject to paragraph 10 (3), during any lapse in appropriations beginning on 11 or after December 22, 2018, any Federal employee 12 of an agency with respect to which appropriations 13 have lapsed and who is furloughed or excepted from 14 furlough and working without pay may, during such 15 lapse, seek and obtain employment outside the Fed- 16 eral Government. 17 (2) PRIOR APPROVAL NOT REQUIRED.—An em- 18 ployee subject to this subsection may seek and ob- 19 tain such employment without prior approval from 20 the employee’s employing agency. 21 (3) LIMITATIONS.—This subsection shall not be 22 construed to waive any restrictions or requirement 23 with respect to conflicts of interest, including section 24 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1877 RS 208 of title 18, United States Code, or part 2635 of 1 title 5, Code of Federal Regulations. 2 (b) BACKPAY.—Any compensation received by an em- 3 ployee by operation of subsection (a) shall not be taken 4 into account for purposes of determining the amount of 5 backpay such employee is entitled to under section 1341(c) 6 of title 31, United States Code. 7 SEC. 5. LIMITS ON TRAVEL EXPENDITURES. 8 (a) LIMITS ON OFFICIAL TRAVEL.— 9 (1) LIMITATION.—Except as provided in para- 10 graph (2), during a Government shutdown no 11 amounts may be obligated or expended for official 12 travel by a covered officer or employee. 13 (2) EXCEPTIONS.— 14 (A) RETURN TO DC.—If a covered officer 15 or employee is away from the seat of Govern- 16 ment on the date on which a Government shut- 17 down begins, funds may be obligated and ex- 18 pended for official travel by the covered officer 19 or employee to return to the seat of Govern- 20 ment. 21 (B) TRAVEL IN NATIONAL CAPITAL RE- 22 GION.—During a Government shutdown, 23 amounts may be obligated and expended for of- 24 ficial travel by a covered officer or employee 25 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1877 RS from one location in the National Capital region 1 to another location in the National Capital re- 2 gion. 3 (b) RESTRICTION ON USE OF CAMPAIGN FUNDS.— 4 Section 313 of the Federal Election Campaign Act of 5 1971 (52 U.S.C. 30114) is amended— 6 (1) in subsection (a)(2), by striking ‘‘for ordi- 7 nary’’ and inserting ‘‘except as provided in sub- 8 section (d), for ordinary’’; and 9 (2) by adding at the end the following: 10 ‘‘(d) RESTRICTION ON USE OF CAMPAIGN FUNDS 11 FOR OFFICIAL TRAVEL DURING LAPSE IN APPROPRIA- 12 TIONS.— 13 ‘‘(1) IN GENERAL.—Except as provided in para- 14 graph (2), during a Government shutdown (as de- 15 fined in section 2 of the Government Shutdown Ac- 16 countability Act), a contribution or donation de- 17 scribed in subsection (a) may not be obligated or ex- 18 pended for travel in connection with duties of the in- 19 dividual as a holder of Federal office. 20 ‘‘(2) RETURN TO DC.—If the individual is away 21 from the seat of Government on the date on which 22 a Government shutdown (as so defined) begins, a 23 contribution or donation described in subsection (a) 24 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1877 RS may be obligated and expended for travel by the in- 1 dividual to return to the seat of Government.’’. 2 SEC. 6. PROCEDURES IN THE SENATE AND HOUSE OF REP- 3 RESENTATIVES. 4 (a) IN GENERAL.—During a Government shutdown, 5 in the Senate and the House of Representatives— 6 (1) it shall not be in order to move to proceed 7 to any matter except for— 8 (A) a measure making appropriations for 9 the fiscal year during which the Government 10 shutdown begins; 11 (B) emergency legislation; or 12 (C) a motion relating to determining or ob- 13 taining the presence of a quorum; 14 (2) it shall not be in order to move to recess or 15 adjourn for a period of more than 23 hours; and 16 (3) at noon each day, the Presiding Officer 17 shall direct the clerk to determine whether a quorum 18 is present. 19 (b) WAIVER.—Subsection (a) may only be waived or 20 suspended upon an affirmative vote of two-thirds of the 21 Members of the applicable House of Congress, duly chosen 22 and sworn. 23 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1877 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Prevent Government 2 Shutdowns Act of 2019’’. 3 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 4 (a) IN GENERAL.—Chapter 13 of title 31, United 5 States Code, is amended by adding at the end the following: 6 ‘‘§ 1311. Automatic continuing appropriations 7 ‘‘(a)(1)(A) On and after the first day of each fiscal 8 year, if an appropriation Act for such fiscal year with re- 9 spect to the account for a program, project, or activity has 10 not been enacted and continuing appropriations are not in 11 effect with respect to the program, project, or activity, there 12 are appropriated such sums as may be necessary to con- 13 tinue, at the rate for operations specified in subparagraph 14 (B), the program, project, or activity if funds were provided 15 for the program, project, or activity during the preceding 16 fiscal year. 17 ‘‘(B)(i) Except as provided in clause (ii), the rate for 18 operations specified in this subparagraph with respect to 19 a program, project, or activity is the rate for operations 20 for the preceding fiscal year for the program, project, or 21 activity— 22 ‘‘(I) provided in the corresponding appropria- 23 tion Act for such preceding fiscal year; 24 ‘‘(II) if the corresponding appropriation bill for 25 such preceding fiscal year was not enacted, provided 26 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1877 RS in the law providing continuing appropriations for 1 such preceding fiscal year; or 2 ‘‘(III) if the corresponding appropriation bill 3 and a law providing continuing appropriations for 4 such preceding fiscal year were not enacted, provided 5 under this section for such preceding fiscal year. 6 ‘‘(ii) For entitlements and other mandatory payments 7 whose budget authority was provided for the previous fiscal 8 year in appropriations Acts, under a law other than this 9 section providing continuing appropriations for such pre- 10 vious year, or under this section, and for activities under 11 the Food and Nutrition Act of 2008, appropriations and 12 funds made available during a fiscal year under this section 13 shall be at the rate necessary to maintain program levels 14 under current law, under the authority and conditions pro- 15 vided in the applicable appropriations Act. 16 ‘‘(2) Appropriations and funds made available, and 17 authority granted, for any fiscal year pursuant to this sec- 18 tion for a program, project, or activity shall be available 19 for the period beginning with the first day of any lapse 20 in appropriations during such fiscal year and ending with 21 the date on which the applicable regular appropriation bill 22 for such fiscal year is enacted (whether or not such law pro- 23 vides appropriations for such program, project, or activity) 24 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1877 RS or a law making continuing appropriations for the pro- 1 gram, project, or activity is enacted, as the case may be. 2 ‘‘(3) Notwithstanding section 251(a)(1) of the Bal- 3 anced Budget and Emergency Deficit Control Act of 1985 4 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 5 of such Act (2 U.S.C. 904(a)), for any fiscal year for which 6 appropriations and funds are made available under this 7 section, the final sequestration report for such fiscal year 8 pursuant to section 254(f)(1) of such Act (2 U.S.C. 9 904(f)(1)) and any order for such fiscal year pursuant to 10 section 254(f)(5) of such Act (2 U.S.C. 901(f)(5)) shall be 11 issued— 12 ‘‘(A) for the Congressional Budget Office, 10 13 days after the date on which all regular appropria- 14 tion Acts for such fiscal year or continuing appro- 15 priations through the end of such fiscal year have 16 been enacted; and 17 ‘‘(B) for the Office of Management and Budget, 18 15 days after the date on which all regular appro- 19 priation Acts for such fiscal year or continuing ap- 20 propriations through the end of such fiscal year have 21 been enacted. 22 ‘‘(b) An appropriation or funds made available, or au- 23 thority granted, for a program, project, or activity for any 24 fiscal year pursuant to this section shall be subject to the 25 VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1877 RS terms and conditions imposed with respect to the appro- 1 priation made or funds made available for the preceding 2 fiscal year, or authority granted for such program, project, 3 or activity under current law. 4 ‘‘(c) Expenditures made for a program, project, or ac- 5 tivity for any fiscal year pursuant to this section shall be 6 charged to the applicable appropriation, fund, or authoriza- 7 tion whenever a regular appropriation Act, or a law mak- 8 ing continuing appropriations until the end of such fiscal 9 year, for such program, project, or activity is enacted. 10 ‘‘(d) This section shall not apply to a program, project, 11 or activity during a fiscal year if any other provision of 12 law (other than an authorization of appropriations)— 13 ‘‘(1) makes an appropriation, makes funds avail- 14 able, or grants authority for such program, project, or 15 activity to continue for such period; or 16 ‘‘(2) specifically provides that no appropriation 17 shall be made, no funds shall be made available, or 18 no authority shall be granted for such program, 19 project, or activity to continue for such period.’’. 20 (b) CLERICAL AMENDMENT.—The table of sections for 21 chapter 13 of title 31, United States Code, is amended by 22 adding at the end the following: 23 ‘‘1311. Automatic continuing appropriations.’’. VerDate Sep 11 2014 23:12 Nov 12, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 E:\BILLS\S1877.RS S1877 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1877 RS SEC. 3. TIMELY ENACTMENT OF REGULAR APPROPRIATION 1 ACTS. 2 (a) DEFINITIONS.—In this section— 3 (1) the term ‘‘covered officer or employee’’ 4 means— 5 (A) an officer or employee of the Office of 6 Management and Budget; 7 (B) an individual serving in a position on 8 level [Text truncated for display. Full text available on Congress.gov.]