I 

115TH CONGRESS 

2D SESSION H. R. 4852 

To make continuing appropriations for military pay in the event of a shutdown of the Federal Government, to reduce the pay of Members of 

Congress during periods in which such a shutdown is in effect, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2018 

Ms. MCSALLY (for herself, Mr. POLIQUIN, Mr. PITTENGER, Mr. BILIRAKIS, 

Mr. GALLAGHER, Mr. FASO, Mr. YODER, Mr. MULLIN, Mr. THOMPSON

of Pennsylvania, Mr. SMUCKER, Mr. ZELDIN, Mr. COLE, and Mr. 

GOTTHEIMER) introduced the following bill; which was referred to the 

Committee on Appropriations, and in addition to the Committees on 

House Administration, and Oversight and Government Reform, 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 make continuing appropriations for military pay in the 

event of a shutdown of the Federal Government, to reduce the pay of Members of Congress during periods 

in which such a shutdown is in effect, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HR 4852 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pay Our Protectors 

3 Not Our Politicians Act of 2018’’. 

4 SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF 

5 THE ARMED FORCES AND EMPLOYEES OF 

6 THE DEPARTMENT OF HOMELAND SECURITY. 

7 (a) IN GENERAL.—There are hereby appropriated for 

8 fiscal year 2018, out of any money in the Treasury not 

9 otherwise appropriated, for any period during which in10 terim or full-year appropriations for fiscal year 2018 are 

11 not in effect— 

12 (1) such sums as are necessary to provide pay 

13 and allowances to members of the Armed Forces (as 

14 defined in section 101(a)(4) of title 10, United 

15 States Code), including reserve components thereof, 

16 who perform active service during such period, in17 cluding Active Guard and Reserve duty under sec18 tion 328 of title 32, United States Code; 

19 (2) such sums as are necessary to provide pay 

20 and allowances to members of the reserve compo21 nents of the Armed Forces (as named in section 

22 10101 of title 10, United States Code) who perform 

23 inactive-duty training (as defined in section 

24 101(d)(7) of such title) during such period; 

25 (3) such sums as are necessary to provide pay 

26 and allowances to the civilian personnel of the DeVerDate Sep 11 2014 01:36 Jan 21, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4852.IH H4852

dlhill on DSK3GLQ082PROD with BILLS
3 

•HR 4852 IH

1 partment of Defense (and the Department of Home2 land Security in the case of the Coast Guard) whom 

3 the Secretary concerned determines are providing 

4 support to members of the Armed Forces described 

5 in paragraph (1); 

6 (4) such sums as are necessary to provide pay 

7 and allowances to contractors of the Department of 

8 Defense (and the Department of Homeland Security 

9 in the case of the Coast Guard) whom the Secretary 

10 concerned determines are providing support to mem11 bers of the Armed Forces described in paragraph 

12 (1); 

13 (5) such sums as are necessary to provide pay 

14 and allowances to employees of the Department of 

15 Homeland Security whom the Secretary concerned 

16 determines are performing national security activi17 ties; 

18 (6) such sums as are necessary to provide death 

19 gratuities under sections 1475–1477 and 1489 of 

20 title 10, United States Code; 

21 (7) such sums as are necessary to provide pay22 ment or reimbursement for funeral and burial ex23 penses authorized under sections 1481 and 1482 of 

24 title 10, United States Code; 


dlhill on DSK3GLQ082PROD with BILLS
4 

•HR 4852 IH

1 (8) such sums as are necessary to provide pay2 ment or reimbursement of authorized funeral travel 

3 and travel related to the dignified transfer of re4 mains and unit memorial services under section 481f 

5 of title 37, United States Code; and 

6 (9) such sums as are necessary to provide the 

7 temporary continuation of a basic allowance of hous8 ing for dependents of members dying on active duty, 

9 as authorized by section 403(l) of title 37, United 

10 States Code. 

11 (b) TERMINATION.—Appropriations and funds made 

12 available and authority granted pursuant to this section 

13 shall be available until whichever of the following first oc14 curs: (1) the enactment into law of an appropriation (in15 cluding a continuing appropriation) for any purpose for 

16 which amounts are made available in section 2; (2) the 

17 enactment into law of the applicable regular or continuing 

18 appropriations resolution or other Act without any appro19 priation for such purpose; or (3) January 1, 2019. 

20 (c) SECRETARY CONCERNED DEFINED.—In this sec21 tion, the term ‘‘Secretary concerned’’ means— 

22 (1) the Secretary of Defense with respect to 

23 matters concerning the Department of Defense; and 


dlhill on DSK3GLQ082PROD with BILLS
5 

•HR 4852 IH

1 (2) the Secretary of Homeland Security with re2 spect to matters concerning the Department of 

3 Homeland Security or the Coast Guard. 

4 SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF 

5 CONGRESS IF GOVERNMENT SHUTDOWN OC6 CURS. 

7 (a) REDUCTION OF PAY FOR EACH DAY OF GOVERN8 MENT SHUTDOWN.—If on any day during a year a Gov9 ernment shutdown is in effect, the annual rate of pay ap10 plicable under section 601(a) of the Legislative Reorga11 nization Act of 1946 (2 U.S.C. 4501) with respect to each 

12 Member of Congress for the year shall be reduced by an 

13 amount equal to the product of— 

14 (1) an amount equal to one day’s worth of pay 

15 under such annual rate; and 

16 (2) the number of 24-hour periods during which 

17 the Government shutdown is in effect. 

18 (b) EFFECTIVE DATE.—Subsection (a) shall apply 

19 only with respect to days occurring during the One Hun20 dred Sixteenth Congress and each succeeding Congress. 

21 (c) SPECIAL RULE FOR ONE HUNDRED FIFTEENTH

22 CONGRESS.— 

23 (1) HOLDING SALARIES IN ESCROW.—If on any 

24 day during the One Hundred Fifteenth Congress a 


dlhill on DSK3GLQ082PROD with BILLS
6 

•HR 4852 IH

1 Government shutdown is in effect, the payroll ad2 ministrator of that House of Congress shall— 

3 (A) withhold from the payments otherwise 

4 required to be made with respect to a pay pe5 riod for the compensation of each Member of 

6 Congress who serves in that House of Congress 

7 an amount equal to the product of— 

8 (i) an amount equal to one day’s 

9 worth of pay under the annual rate of pay 

10 applicable to the Member under section 

11 601(a) of the Legislative Reorganization 

12 Act of 1946 (2 U.S.C. 4501); and 

13 (ii) the number of 24-hour periods 

14 during which the Government shutdown is 

15 in effect which occur during the pay pe16 riod; and 

17 (B) deposit in an escrow account all 

18 amounts withheld under paragraph (1). 

19 (2) RELEASE OF AMOUNTS AT END OF THE

20 CONGRESS.—In order to ensure that this section is 

21 carried out in a manner that shall not vary the com22 pensation of Senators or Representatives in violation 

23 of the twenty-seventh article of amendment to the 

24 Constitution of the United States, the payroll ad25 ministrator of a House of Congress shall release for 


dlhill on DSK3GLQ082PROD with BILLS
7 

•HR 4852 IH

1 payments to Members of that House of Congress 

2 any amounts remaining in any escrow account under 

3 this section on the last day of the One Hundred Fif4 teenth Congress. 

5 (3) ROLE OF SECRETARY OF THE TREASURY.— 

6 The Secretary of the Treasury shall provide the pay7 roll administrators of the Houses of Congress with 

8 such assistance as may be necessary to enable the 

9 payroll administrators to carry out this section. 

10 (4) EXCEPTION FOR DAYS OCCURRING AFTER

11 GENERAL ELECTION.—This section does not apply 

12 with respect to any day during the One Hundred 

13 Fifteenth Congress which occurs after the date of 

14 the regularly scheduled general election for Federal 

15 office held in November 2018. 

16 (d) DETERMINATION OF GOVERNMENT SHUT17 DOWN.—For purposes of this section, a Government shut18 down shall be considered to be in effect if there is a lapse 

19 in appropriations for any Federal agency or department 

20 as a result of a failure to enact a regular appropriations 

21 bill or continuing resolution. 

22 (e) DEFINITIONS.—In this section: 

23 (1) The term ‘‘Member of Congress’’ means an 

24 individual serving in a position under subparagraph 


dlhill on DSK3GLQ082PROD with BILLS
8 

•HR 4852 IH

1 (A), (B), or (C) of section 601(a) of the Legislative 

2 Reorganization Act of 1946 (2 U.S.C. 4501). 

3 (2) The term ‘‘payroll administrator’’ of a 

4 House of Congress means— 

5 (A) in the case of the House of Represent6 atives, the Chief Administrative Officer of the 

7 House of Representatives, or an employee of 

8 the Office of the Chief Administrative Officer 

9 who is designated by the Chief Administrative 

10 Officer to carry out this section; and 

11 (B) in the case of the Senate, the Sec12 retary of the Senate, or an employee of the Of13 fice of the Secretary of the Senate who is des14 ignated by the Secretary to carry out this sec15 tion. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS