HR5802-119

1. Short title This Act may be cited as the Make America Govern Again Act or the MAGA Act.

2. Ensuring pay of certain Federal Government employees during any lapse in discretionary appropriations There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, during any lapse in discretionary appropriations beginning on or after the date of the enactment of this Act, such sums as are necessary for the salary and expenses of any employee in the civil service or the uniformed services (as those terms are defined in section 2101 of title 5, United States Code). Subsection (a) shall not apply to— the head of any Executive department (as that term is defined in section 101 of such title); or any deputy secretary (or equivalent) of such a department.

3. Prohibiting paying salaries of Members of Congress during Government shutdowns If on any day during a pay period occurring during the One Hundred Nineteenth Congress a Government shutdown is in effect, the payroll administrator of each House of Congress shall— 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— the daily rate of pay of the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and the number of 24-hour periods during the pay period during which the Government shutdown is in effect; and release amounts deposited in an escrow account under subparagraph (A) to such Member of Congress only upon the expiration of the period described in paragraph (2). The period described in this paragraph is the period that— begins on the first day on which the applicable Government shutdown is in effect; and ends on the earlier of— the date on which the applicable Government shutdown is no longer in effect; or the last day of the One Hundred Nineteenth Congress. 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 (1) that would apply to the payment if the payment were not subject to paragraph (1). In order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payment to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Nineteenth Congress. On and after the first day of the One Hundred Twentieth Congress, if on any day during a pay period a Government shutdown is in effect, the payroll administrator of each House of Congress shall— 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— the daily rate of pay of the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and the number of 24-hour periods during the pay period during which the Government shutdown is in effect; and release amounts deposited in an escrow account under subparagraph (A) to such Member of Congress only upon the expiration of the period described in paragraph (2). The period described in this paragraph is the period that— begins on the first day on which the applicable Government shutdown is in effect; and ends on the earlier of— the date on which the applicable Government shutdown is no longer in effect; or the last day of the Congress during which the period began under subparagraph (A). 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 Act. In this section— the term Member of Congress means an individual serving in a position covered under subparagraph (A), (B), or (C) of section 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(1)); and the term payroll administrator, with respect to a House of Congress, means— in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this Act; and in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this Act.

4. Prohibiting paying salaries of President and Vice President during Government shutdowns If on any day during a pay period occurring during the term of office of the President or Vice President a Government shutdown is in effect, the Director of the Office of Personnel Management shall— 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 the President and the Vice President an amount equal to the product of— the daily rate of pay of the President or Vice President (as the case may be) under applicable law; and the number of 24-hour periods during the pay period during which the Government shutdown is in effect; and release amounts deposited in an escrow account under paragraph (1) to the President and the Vice President only upon the expiration of the period described in subsection (b). The period described in this subsection is the period that— begins on the first day on which the applicable Government shutdown is in effect; and ends on the earlier of— the date on which the applicable Government shutdown is no longer in effect; or the last day of the term of office of the President and Vice President during which the period begins. The Director of the Office of Personnel Management shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under subsection (a) that would apply to the payment if the payment were not subject to subsection (a). The Director of the Office of Personnel Management shall release for payment to the President and Vice President any amounts remaining in the escrow account under this section on the last day of the term of office of the President and Vice President during which the period described in subsection (b) begins.

5. Prohibiting paying salaries of certain executive employees during Government shutdowns During any period in which a Government shutdown is in effect, no funds may be made available for the salary and expenses of any officer or employee in the Executive Office of the President who occupies a position— described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.

6. Determination of Government shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution.