I 

113TH CONGRESS 

1ST SESSION H. R. 3166 

To appropriate such funds as may be necessary to ensure certain important 

functions of the Government continue during a Governmentwide shutdown, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2013 

Mr. LATHAM introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Armed 

Services, Energy and Commerce, Agriculture, House Administration, 

Oversight and Government Reform, and Transportation and Infrastructure, 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 appropriate such funds as may be necessary to ensure 

certain important functions of the Government continue 

during a Governmentwide shutdown, 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, 

3 SECTION 1. EMERGENCY APPROPRIATION OF FUNDS. 

4 During a Governmentwide shutdown, the Secretary 

5 of the Treasury shall make available, out of any amounts 

6 in the general fund of the Treasury not otherwise approVerDate Mar 15 2010 18:09 Sep 26, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3166.IH H3166

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1 priated, such amounts as are necessary to provide for the 

2 following: 

3 (1) Amounts to provide pay and allowances to 

4 Members of the Army, Navy, Air Force, Marine 

5 Corps, and Coast Guard, including reserve compo6 nents thereof, who perform active service during the 

7 funding gap. 

8 (2) At the discretion of the Secretary of De9 fense, amounts to provide pay and allowances to 

10 such civilian personnel of the Department of Defense 

11 who are providing support to the members of the 

12 Armed Forces described in paragraph (1) as the 

13 Secretary considers appropriate. 

14 (3) At the discretion of the Secretary of De15 fense, amounts to provide pay and allowances to 

16 such personnel of contractors of the Department of 

17 Defense who are providing direct support to the 

18 members of the Armed Forces described in para19 graph (1) as the Secretary considers appropriate. 

20 (4) Amounts necessary to carry out the author21 ity of the Department of the Treasury provided in 

22 section 3123 of title 31, United States Code, to pay 

23 with legal tender the principal and interest on debt 

24 held by the public. 


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1 (5) Such amounts as the President certifies to 

2 the Congress are necessary to carry out vital na3 tional security priorities. 

4 (6) Amounts necessary to make payments 

5 under the Medicare program under title XVIII of 

6 the Social Security Act. 

7 (7) Amounts necessary to make payments 

8 under the Supplemental Nutrition Assistance Pro9 gram. 

10 (8) Such amounts as the President certifies to 

11 the Congress are necessary to carry out Government 

12 functions necessary for protecting public health and 

13 public safety. 

14 SEC. 2. EMERGENCY FUNDS TO ENSURE SOCIAL SECURITY 

15 BENEFITS ARE PROVIDED. 

16 During a Governmentwide shutdown, the Managing 

17 Trustee of the Trust Funds (as such term is used in sec18 tion 201(g)(1)(A) of the Social Security Act) shall make 

19 available to the Commissioner of Social Security, out of 

20 any or all of the Trust Funds, such amounts as the Com21 missioner determines to be necessary to provide for the 

22 uninterrupted payment of monthly insurance benefits 

23 under title II of such Act and payment of benefits under 

24 the Supplemental Security Income Program under title 

25 XVI of such Act. 


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1 SEC. 3. PROHIBITION ON CONGRESSIONAL AND PRESI2 DENTIAL PAY DURING GOVERNMENTWIDE 

3 SHUTDOWN. 

4 (a) IN GENERAL.—Members of Congress and the 

5 President shall not receive basic pay during a Govern6 mentwide shutdown. 

7 (b) RETROACTIVE PAY PROHIBITED.—No pay for8 feited in accordance with subsection (a) may be paid retro9 actively. 

10 SEC. 4. GOVERNMENTWIDE SHUTDOWN DEFINED. 

11 In this Act, the term ‘‘Governmentwide shutdown’’ 

12 means any portion of a fiscal year during which none of 

13 the appropriation bills for the fiscal year have become law 

14 and an Act or joint resolution making continuing appro15 priations for the fiscal year is not in effect. 

Æ 


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