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 following bill; which was referred to the Committee on Appropriations, and 

in addition to the Committees on Oversight and Reform, House Administration, 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 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 autoVerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H834.IH H834

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matic continuing appropriations are 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘The Shutdown to End All 

5 Shutdowns Act’’. 

6 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 

7 (a) IN GENERAL.—Chapter 13 of title 31, United 

8 States Code, is amended by inserting after section 1310 

9 the following new section: 

10 ‘‘SEC. 1311. CONTINUING APPROPRIATIONS. 

11 ‘‘(a)(1) If any appropriation measure for a fiscal year 

12 is not enacted before the beginning of such fiscal year or 

13 a joint resolution making continuing appropriations is not 

14 in effect, there are appropriated such sums as may be nec15 essary to continue any program, project, or activity for 

16 which funds were provided in the preceding fiscal year— 

17 ‘‘(A) in the corresponding appropriation Act for 

18 such preceding fiscal year; or 

19 ‘‘(B) if the corresponding appropriation bill for 

20 such preceding fiscal year did not become law, then 

21 in a joint resolution making continuing appropria22 tions for such preceding fiscal year. 

23 ‘‘(2)(A) Appropriations and funds made available, 

24 and authority granted, for a program, project, or activity 


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1 for any fiscal year pursuant to this section shall be at a 

2 rate of operations not in excess of the lower of— 

3 ‘‘(i) 100 percent of the rate of operations pro4 vided for in the regular appropriation Act providing 

5 for such program, project, or activity for the pre6 ceding fiscal year; 

7 ‘‘(ii) in the absence of such an Act, 100 percent 

8 of the rate of operations provided for such program, 

9 project, or activity pursuant to a joint resolution 

10 making continuing appropriations for such preceding 

11 fiscal year; or 

12 ‘‘(iii) 100 percent of the annualized rate of op13 erations provided for in the most recently enacted 

14 joint resolution making continuing appropriations 

15 for part of that fiscal year or any funding levels es16 tablished under the provisions of this Act. 

17 ‘‘(B) If this section is in effect at the end of a fiscal 

18 year, funding levels shall continue as provided in this sec19 tion for the next fiscal year. 

20 ‘‘(3) Appropriations and funds made available, and 

21 authority granted, for any fiscal year pursuant to this sec22 tion for a program, project, or activity shall be available 

23 for the period beginning with the first day of a lapse in 

24 appropriations and ending with the date on which the ap25 plicable regular appropriation bill for such fiscal year beVerDate Sep 11 2014 21:07 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H834.IH H834

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1 comes law (whether or not such law provides for such pro2 gram, project, or activity) or a continuing resolution mak3 ing appropriations becomes law, as the case may be. 

4 ‘‘(b) An appropriation or funds made available, or au5 thority granted, for a program, project, or activity for any 

6 fiscal year pursuant to this section shall be subject to the 

7 terms and conditions imposed with respect to the appro8 priation made or funds made available for the preceding 

9 fiscal year, or authority granted for such program, project, 

10 or activity under current law. 

11 ‘‘(c) Expenditures made for a program, project, or 

12 activity for any fiscal year pursuant to this section shall 

13 be charged to the applicable appropriation, fund, or au14 thorization whenever a regular appropriation bill or a joint 

15 resolution making continuing appropriations until the end 

16 of a fiscal year providing for such program, project, or 

17 activity for such period becomes law. 

18 ‘‘(d) This section shall not apply to a program, 

19 project, or activity during a fiscal year if any other provi20 sion of law (other than an authorization of appropria21 tions)— 

22 ‘‘(1) makes an appropriation, makes funds 

23 available, or grants authority for such program, 

24 project, or activity to continue for such period; or 


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1 ‘‘(2) specifically provides that no appropriation 

2 shall be made, no funds shall be made available, or 

3 no authority shall be granted for such program, 

4 project, or activity to continue for such period.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 of chapter 13 of title 31, United States Code, is amended 

7 by inserting after the item relating to section 1310 the 

8 following new item: 

‘‘1311. Continuing appropriations.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to fiscal year 2020 

11 and each succeeding fiscal year. 

12 SEC. 3. PROHIBITING USE OF FUNDS FOR CERTAIN GOV13 ERNMENT ACTIVITIES WHILE AUTOMATIC 

14 CONTINUING APPROPRIATIONS ARE IN EF15 FECT. 

16 (a) PROHIBITION.—During the period described in 

17 subsection (c), no appropriated funds, including official 

18 funds of the House of Representatives, official funds of 

19 the Senate, or funds available under any Federal law, rule, 

20 or regulation, may be used to pay for the costs of any 

21 of the following: 

22 (1) TRAVEL BY MEMBERS OF CONGRESS.— 

23 Travel by a Member of Congress (except as provided 

24 in paragraph (1) of subsection (b)). 


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1 (2) TRAVEL BY EXECUTIVE BRANCH EMPLOY2 EES.—Travel by an employee of an executive agency 

3 (except as provided in paragraph (2) of subsection 

4 (b)). 

5 (3) BONUSES AND OTHER PAY INCENTIVES.— 

6 Payments to covered political appointees for reloca7 tion expenses or allowances, differentials, bonuses, 

8 awards, or other similar cash payments under title 

9 5, United States Code, or any other provision of law. 

10 (4) RECEPTION AND REPRESENTATION EX11 PENSES.—Official reception and representation ex12 penses. 

13 (5) EXERCISE FACILITIES AND GOLF

14 COURSES.—The operation of an exercise facility or 

15 golf course. 

16 (b) EXCEPTIONS.— 

17 (1) TRAVEL BY MEMBERS TO WASHINGTON

18 METROPOLITAN AREA.—Subsection (a) does not 

19 apply with respect to travel by a Member of Con20 gress to the Washington Metropolitan Area. 

21 (2) WAIVERS IN CASE OF EMERGENCY OR

22 THREATS TO SECURITY.—The head of an executive 

23 agency may waive the application of subsection (a) 

24 to travel by an employee of the agency if the head 

25 of the agency determines that travel by the employee 


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1 is necessary to respond to a threat to national secu2 rity, a significant law enforcement event, or a nat3 ural disaster or other similar emergency. 

4 (c) PERIOD DESCRIBED.—The period described in 

5 this paragraph is the period that— 

6 (1) begins on the 31st consecutive day on which 

7 appropriations and funds are made available pursu8 ant to section 1311 of title 31, United States Code 

9 (as added by section 2(a)); and 

10 (2) ends on the date on which appropriations 

11 and funds are no longer made available pursuant to 

12 section 1311 of such title. 

13 (d) DEFINITIONS.—In this section, the following defi14 nitions apply: 

15 (1) The term ‘‘covered political appointee’’ 

16 means any full-time, noncareer Presidential or Vice17 Presidential appointee, noncareer appointee in the 

18 Senior Executive Service (or other SES-type sys19 tem), or appointee to a position that has been ex20 cepted from the competitive service by reason of 

21 being of a confidential or policymaking character 

22 (Schedule C and other positions excepted under com23 parable criteria) in an executive agency, but does not 

24 include any individual appointed as a member of the 


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1 Senior Foreign Service or solely as a uniformed serv2 ice commissioned officer. 

3 (2) The term ‘‘executive agency’’ has the mean4 ing given that term in section 105 of title 5, United 

5 States Code, and includes the Executive Office of 

6 the President, the United States Postal Service, and 

7 Postal Regulatory Commission, but does not include 

8 the Government Accountability Office. 

9 (3) The term ‘‘Washington Metropolitan Area’’ 

10 means the District of Columbia, the Counties of 

11 Montgomery and Prince George’s in Maryland, and 

12 the Counties of Arlington, Fairfax, Loudon, and 

13 Prince William and the Cities of Alexandria and 

14 Falls Church in Virginia. 

15 SEC. 4. PROHIBITING PAYING MEMBERS OF CONGRESS 

16 WHILE AUTOMATIC CONTINUING APPRO17 PRIATIONS ARE IN EFFECT. 

18 (a) RULE FOR ONE HUNDRED SIXTEENTH CON19 GRESS.— 

20 (1) HOLDING SALARIES IN ESCROW.—If a pay 

21 period occurs during the One Hundred Sixteenth 

22 Congress during the period described in paragraph 

23 (2), the payroll administrator of each House of Con24 gress shall— 


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1 (A) deposit in an escrow account and ex2 clude from the payments otherwise required to 

3 be made with respect to that pay period for the 

4 compensation of each Member of Congress who 

5 serves in that House of Congress an amount 

6 equal to the product of— 

7 (i) the daily rate of pay of the Mem8 ber under section 601(a) of the Legislative 

9 Reorganization Act of 1946 (2 U.S.C. 

10 4501); and 

11 (ii) the number of 24-hour periods 

12 during the pay period; and 

13 (B) release amounts deposited in an es14 crow account under subparagraph (A) to such 

15 Member of Congress only upon the expiration of 

16 the period described in paragraph (2). 

17 (2) PERIOD DESCRIBED.—The period described 

18 in this paragraph is the period that— 

19 (A) begins on the 31st consecutive day on 

20 which appropriations and funds are made avail21 able pursuant to section 1311 of title 31, 

22 United States Code (as added by section 2(a)); 

23 and 

24 (B) ends on the earlier of— 


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1 (i) the date on which appropriations 

2 and funds are no longer made available 

3 pursuant to section 1311 of such title; or 

4 (ii) the last day of the One Hundred 

5 Sixteenth Congress. 

6 (3) WITHHOLDING AND REMITTANCE OF

7 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 

8 payroll administrator of each House of Congress 

9 shall provide for the same withholding and remit10 tance with respect to a payment deposited in an es11 crow account under paragraph (1) that would apply 

12 to the payment if the payment were not subject to 

13 paragraph (1). 

14 (4) RELEASE OF AMOUNTS AT END OF THE

15 CONGRESS.—In order to ensure that this subsection 

16 is carried out in a manner that shall not vary the 

17 compensation of Senators or Representatives in vio18 lation of the twenty-seventh amendment to the Con19 stitution of the United States, the payroll adminis20 trator of a House of Congress shall release for pay21 ment to Members of that House of Congress any 

22 amounts remaining in any escrow account under this 

23 section on the last day of the One Hundred Six24 teenth Congress. 

25 (b) SUBSEQUENT CONGRESSES.— 


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1 (1) REDUCTION IN SALARIES.—If a pay period 

2 occurs during the One Hundred Seventeenth Con3 gress or any succeeding Congress during the period 

4 described in paragraph (2), the payroll administrator 

5 of each House of Congress shall exclude from the 

6 payments otherwise required to be made with re7 spect to that pay period for the compensation of 

8 each Member of Congress who serves in that House 

9 of Congress an amount equal to the product of— 

10 (A) the daily rate of pay of the Member 

11 under section 601(a) of the Legislative Reorga12 nization Act of 1946 (2 U.S.C. 4501); and 

13 (B) the number of 24-hour periods during 

14 the pay period. 

15 (2) PERIOD DESCRIBED.—The period described 

16 in this paragraph is the period that— 

17 (A) begins on the 31st consecutive day on 

18 which appropriations and funds are made avail19 able pursuant to section 1311 of title 31, 

20 United States Code (as added by section 2(a)); 

21 and 

22 (B) ends on the date on which appropria23 tions and funds are no longer made available 

24 pursuant to section 1311 of such title. 


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1 (c) ROLE OF SECRETARY OF THE TREASURY.—The 

2 Secretary of the Treasury shall provide the payroll admin3 istrator of each House of Congress with such assistance 

4 as may be necessary to enable the payroll administrator 

5 to carry out this section. 

6 (d) DEFINITION.—In this section, the term ‘‘payroll 

7 administrator’’, with respect to a House of Congress, 

8 means— 

9 (1) in the case of the House of Representatives, 

10 the Chief Administrative Officer of the House of 

11 Representatives, or an employee of the Office of the 

12 Chief Administrative Officer who is designated by 

13 the Chief Administrative Officer to carry out this 

14 section; and 

15 (2) in the case of the Senate, the Secretary of 

16 the Senate, or an employee of the Office of the Sec17 retary of the Senate who is designated by the Sec18 retary to carry out this section. 

19 SEC. 5. QUORUM CALLS. 

20 On each day on which appropriations and funds are 

21 made available pursuant to section 1311 of title 31, 

22 United States Code (as added by section 2(a)), including 

23 weekends and legal public holidays, each House of Con24 gress shall convene and hold a quorum call of its members. 


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1 SEC. 6. MEMBER OF CONGRESS DEFINED. 

2 In this Act, the term ‘‘Member of Congress’’ means 

3 a Senator or a Representative in, or Delegate or Resident 

4 Commissioner to, the Congress. 

Æ 


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