,,ii ,calendar ,no4 #cjd #aafth ,,congress #ast ,session ,s4 #ahgg ,report ,no4 #aaf-aeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjai,mr4 ,lankford 7for himself1 ,ms4 ,hassan1 ,mr4 ,johnson1 and ,mr4 ,braun7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,november #ab1 #bjai,reported by ,mr4 ,johnson1 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 appropriations4 #a4 ,short title ,this ,act may be cited as the ,government ,shutdown ,accountability ,act4 #b4 ,definitions ,in this ,act-- 7#a7 the term covered officer or employee means-- 7,a7 an officer or employee of the ,office of ,management and ,budget2 7,b7 an individual serving in a position on level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code2 7,c7 a ,member of ,congress2 or 7,d7 an employee of the personal office of a ,member of ,congress1 a committee of either ,house of ,congress1 or a joint committee of ,congress2 7#b7 the term emergency legislation means legislation-- 7,a7 providing assistance for an area with respect to which the ,president has declared a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7,b7 directly addressing a national emergency declared by the ,president under title ,,ii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba et seq472 or 7,c7 that1 if not enacted1 would be inimical to the national security of the ,united ,states2 7#c7 the term ,government shutdown means a lapse in appropriations for #a or more ,federal agencies or departments as a result of a failure to enact a regular appropriations bill or continuing resolution2 7#d7 the term ,member of ,congress has the meaning given that term in section #bajf of title #e1 ,united ,states ,code2 and 7#e7 the term ,national ,capital region has the meaning given that term in section #hgjb of title #dj1 ,united ,states ,code4 #c4 ,designating certain ,,fehbp-related services as excepted services under the ,anti-,deficiency ,act 7a7 ,in general ,section #hije of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,in the event of a lapse in appropriations1 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 chapter1 or changing the enrollment of an individual already so enrolled due to a qualifying life event1 as an excepted employee 7as defined in section #acda7;c7 of title #ca74 4 7b7 ,application ,the amendment made by subsection 7a7 shall apply to any lapse in appropriations beginning on or after the date of enactment of this ,act4 #d4 ,employment during a ,government shutdown 7a7 ,outside employment permitted 7#a7 ,in general ,notwithstanding any other law1 rule1 or regulation1 and subject to paragraph 7#c71 during any lapse in appropriations beginning on or after ,december #bb1 #bjah1 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 may1 during such lapse1 seek and obtain employment outside the ,federal ,government4 7#b7 ,prior approval not required ,an employee subject to this subsection may seek and obtain such employment without prior approval from the employee's employing agency4 7#c7 ,limitations ,this subsection shall not be construed to waive any restrictions or requirement with respect to conflicts of interest1 including section #bjh of title #ah1 ,united ,states ,code1 or part #bfce of title #e1 ,code of ,federal ,regulations4 7b7 ,backpay ,any compensation received by an employee by operation of subsection 7a7 shall not be taken into account for purposes of determining the amount of backpay such employee is entitled to under section #acda7;c7 of title #ca1 ,united ,states ,code4 #e4 ,limits on travel expenditures 7a7 ,limits on official travel 7#a7 ,limitation ,except as provided in paragraph 7#b71 during a ,government shutdown no amounts may be obligated or expended for official travel by a covered officer or employee4 7#b7 ,exceptions 7,a7 ,return to ,,dc ,if a covered officer or employee is away from the seat of ,government on the date on which a ,government shutdown begins1 funds may be obligated and expended for official travel by the covered officer or employee to return to the seat of ,government4 7,b7 ,travel in ,national ,capital region ,during a ,government shutdown1 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 region4 7b7 ,restriction on use of campaign funds ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7 is amended-- 7#a7 in subsection 7a77#b71 by striking for ordinary and inserting except as provided in subsection 7d71 for ordinary2 and 7#b7 by adding at the end the following3 7d7 ,restriction on use of campaign funds for official travel during lapse in appropriations 7#a7 ,in general ,except as provided in paragraph 7#b71 during a ,government shutdown 7as defined in section #b of the ,government ,shutdown ,accountability ,act71 a contribution or donation described in subsection 7a7 may not be obligated or expended for travel in connection with duties of the individual as a holder of ,federal office4 7#b7 ,return to ,,dc ,if the individual is away from the seat of ,government on the date on which a ,government shutdown 7as so defined7 begins1 a contribution or donation described in subsection 7a7 may be obligated and expended for travel by the individual to return to the seat of ,government4 4 #f4 ,procedures in the ,senate and ,house of ,representatives 7a7 ,in general ,during a ,government shutdown1 in the ,senate and the ,house of ,representatives-- 7#a7 it shall not be in order to move to proceed to any matter except for-- 7,a7 a measure making appropriations for the fiscal year during which the ,government shutdown begins2 7,b7 emergency legislation2 or 7,c7 a motion relating to determining or obtaining the presence of a quorum2 7#b7 it shall not be in order to move to recess or adjourn for a period of more than #bc hours2 and 7#c7 at noon each day1 the ,presiding ,officer shall direct the clerk to determine whether a quorum is present4 7b7 ,waiver ,subsection 7a7 may only be waived or suspended upon an affirmative vote of two-thirds of the ,members of the applicable ,house of ,congress1 duly chosen and sworn4 #a4 ,short title ,this ,act may be cited as the ,prevent ,government ,shutdowns ,act of #bjai4 #b4 ,automatic continuing appropriations 7a7 ,in ,general ,chapter #ac of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #acaa4 ,automatic continuing appropriations 7a7 7#a7 7,a7 ,on and after the first day of each fiscal year1 if an appropriation ,act for such fiscal year with respect to the account for a program1 project1 or activity has not been enacted and continuing appropriations are not in effect with respect to the program1 project1 or activity1 there are appropriated such sums as may be necessary to continue1 at the rate for operations specified in subparagraph 7,b71 the program1 project1 or activity if funds were provided for the program1 project1 or activity during the preceding fiscal year4 7,b7 7i7 ,except as provided in clause 7ii71 the rate for operations specified in this subparagraph with respect to a program1 project1 or activity is the rate for operations for the preceding fiscal year for the program1 project1 or activity-- 7,i7 provided in the corresponding appropriation ,act for such preceding fiscal year2 7,,ii7 if the corresponding appropriation bill for such preceding fiscal year was not enacted1 provided in the law providing continuing appropriations for such preceding fiscal year2 or 7,,iii7 if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted1 provided under this section for such preceding fiscal year4 7ii7 ,for entitlements and other mandatory payments whose budget authority was provided for the previous fiscal year in appropriations ,acts1 under a law other than this section providing continuing appropriations for such previous year1 or under this section1 and for activities under the ,food and ,nutrition ,act of #bjjh1 appropriations and funds made available during a fiscal year under this section shall be at the rate necessary to maintain program levels under current law1 under the authority and conditions provided in the applicable appropriations ,act4 7#b7 ,appropriations and funds made available1 and authority granted1 for any fiscal year pursuant to this section for a program1 project1 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 7whether or not such law provides appropriations for such program1 project1 or activity7 or a law making continuing appropriations for the program1 project1 or activity is enacted1 as the case may be4 7#c7 ,notwithstanding section #bea7;a77#a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;a77#a77 and the timetable in section #bed7;a7 of such ,act 7#b ,u4,s4,c4 #ijd7;a771 for any fiscal year for which appropriations and funds are made available under this section1 the final sequestration report for such fiscal year pursuant to section #bed7;f77#a7 of such ,act 7#b ,u4,s4,c4 #ijd7;f77#a77 and any order for such fiscal year pursuant to section #bed7;f77#e7 of such ,act 7#b ,u4,s4,c4 #ija7;f77#e77 shall be issued-- 7,a7 for the ,congressional ,budget ,office1 #aj 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 enacted2 and 7,b7 for the ,office of ,management and ,budget1 #ae 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 enacted4 7b7 ,an appropriation or funds made available1 or authority granted1 for a program1 project1 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 year1 or authority granted for such program1 project1 or activity under current law4 7c7 ,expenditures made for a program1 project1 or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation1 fund1 or authorization whenever a regular appropriation ,act1 or a law making continuing appropriations until the end of such fiscal year1 for such program1 project1 or activity is enacted4 7d7 ,this section shall not apply to a program1 project1 or activity during a fiscal year if any other provision of law 7other than an authorization of appropriations7-- 7#a7 makes an appropriation1 makes funds available1 or grants authority for such program1 project1 or activity to continue for such period2 or 7#b7 specifically provides that no appropriation shall be made1 no funds shall be made available1 or no authority shall be granted for such program1 project1 or activity to continue for such period4 4 7b7 ,clerical ,amendment ,the table of sections for chapter #ac of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #acaa4 ,automatic continuing appropriations4 4 #c4 ,timely enactment of regular appropriation ,acts 7a7 ,definitions ,in this section-- 7#a7 the term covered officer or employee means-- 7,a7 an officer or employee of the ,office of ,management and ,budget2 7,b7 an individual serving in a position on level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code2 7,c7 a ,member of ,congress1 as defined in section #bajf of title #e1 ,united ,states ,code2 or 7,d7 an employee of the personal office of a ,member of ,congress1 a committee of either ,house of ,congress1 or a joint committee of ,congress2 7#b7 the term covered period means any period on and after the first day of a fiscal year1 if all regular appropriation ,acts for such fiscal year have not been enacted2 7#c7 the term emergency legislation means legislation-- 7,a7 providing assistance for an area with respect to which the ,president has declared a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7,b7 directly addressing a national emergency declared by the ,president under title ,,ii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba et seq472 or 7,c7 that1 if not enacted1 would be inimical to the national security of the ,united ,states2 7#d7 the term ,member of ,congress has the meaning given that term in section #bajf of title #e1 ,united ,states ,code2 and 7#e7 the term ,national ,capital ,region has the meaning given that term in section #hgjb of title #dj1 ,united ,states ,code4 7b7 ,limits on travel expenditures 7#a7 ,limits on official travel 7,a7 ,limitation ,except as provided in subparagraph 7,b71 during a covered period no amounts may be obligated or expended for official travel by a covered officer or employee4 7,b7 ,exceptions 7i7 ,return to ,,dc ,if a covered officer or employee is away from the seat of ,government on the date on which a covered period begins1 funds may be obligated and expended for official travel for a single return trip to the seat of ,government by the covered officer or employee4 7ii7 ,travel in ,national ,capital ,region ,during a covered period1 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 ,region4 7#b7 ,restriction on use of campaign funds ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7 is amended-- 7,a7 in subsection 7a77#b71 by striking for ordinary and inserting except as provided in subsection 7d71 for ordinary2 and 7,b7 by adding at the end the following3 7d7 ,restriction on use of campaign funds for official travel during lapse in appropriations 7#a7 ,in general ,except as provided in paragraph 7#b71 during a covered period 7as defined in section #c of the ,prevent ,government ,shutdowns ,act of #bjai71 a contribution or donation described in subsection 7a7 may not be obligated or expended for travel in connection with duties of the individual as a holder of ,federal office4 7#b7 ,return to ,,dc ,if the individual is away from the seat of ,government on the date on which a covered period 7as so defined7 begins1 a contribution or donation described in subsection 7a7 may be obligated and expended for travel by the individual to return to the seat of ,government4 4 7c7 ,procedures in the ,senate and ,house of ,representatives 7#a7 ,in general ,during a covered period1 in the ,senate and the ,house of ,representatives-- 7,a7 it shall not be in order to move to proceed to any matter except for-- 7i7 a measure making appropriations for the fiscal year during which the covered period begins2 7ii7 emergency legislation2 or 7iii7 a motion relating to determining or obtaining the presence of a quorum2 7,b7 it shall not be in order to move to recess or adjourn for a period of more than #bc hours2 and 7,c7 at noon each day1 the ,presiding ,officer shall direct the clerk to determine whether a quorum is present4 7#b7 ,waiver 7,a7 ,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 7#a7 for a period that is longer than #g days4 7,b7 ,supermajority vote ,a provision of paragraph 7#a7 may only be waived or suspended upon an affirmative vote of two-thirds of the ,members of the applicable ,house of ,congress1 duly chosen and sworn4 #d4 ,prohibiting paying ,members of ,congress if automatic continuing appropriations are in effect 7a7 ,definitions ,in this section-- 7#a7 the term lapse in normal appropriations means appropriations are in effect for #a or more ,federal agencies or departments under section #acaa of title #ca1 ,united ,states ,code1 as added by this ,act 7relating to automatic continuing appropriations72 7#b7 the term ,member of ,congress means an individual serving in a position covered under subparagraph 7,a71 7,b71 or 7,c7 of section #fja7;a77#a7 of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #deja7a772 and 7#c7 the term payroll administrator1 with respect to a ,house of ,congress1 means-- 7,a7 in the case of the ,house of ,representatives1 the ,chief ,administrative ,officer of the ,house of ,representatives1 or an employee of the ,office of the ,chief ,administrative ,officer who is designated by the ,chief ,administrative ,officer to carry out this section2 and 7,b7 in the case of the ,senate1 the ,secretary of the ,senate1 or an employee of the ,office of the ,secretary of the ,senate who is designated by the ,secretary to carry out this section4 7b7 ,prohibition 7#a7 ,holding salaries in escrow ,if on any day during a pay period a lapse in normal appropriations is in effect1 the payroll administrator of each ,house of ,congress shall-- 7,a7 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-- 7i7 the daily rate of pay of the ,member of ,congress under section #fja7;a7 of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #deja72 and 7ii7 the number of #bd-;hour periods during the pay period during which the lapse in normal appropriations is in effect2 and 7,b7 release amounts deposited in an escrow account under subparagraph 7,a7 to such ,member of ,congress only upon the expiration of the period described in paragraph 7#b74 7#b7 ,period described ,the period described in this paragraph is the period that-- 7,a7 begins on the first day on which the applicable lapse in normal appropriations is in effect2 and 7,b7 ends on the earlier of-- 7i7 the date on which the applicable lapse in normal appropriations is no longer in effect2 or 7ii7 the last day of the ,congress during which the applicable lapse in normal appropriations began4 7#c7 ,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 7#a7 that would apply to the payment if the payment were not subject to paragraph 7#a74 7c7 ,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 section4 ,november #ab1 #bjai,reported with an amendment