H.R. 5802: Make America Govern Again Act

The "Make America Govern Again Act" (H.R. 5802) is a bill aimed at addressing how federal employees, as well as members of Congress, the President, and the Vice President are compensated during a government shutdown caused by lapses in discretionary appropriations.

Key Provisions of the Bill

1. Payment of Federal Employees

The bill ensures that certain federal employees, specifically those in the civil service or uniformed services, will continue to receive their salaries and expenses even if there is a lapse in discretionary appropriations. This protection does not extend to the heads and deputy secretaries of executive departments.

2. Withholding Salaries of Congressional Members

During a government shutdown, the salaries of Members of Congress are to be placed in an escrow account. The process includes:

• If a shutdown occurs during a pay period, the payroll administrator must deposit an amount equal to the daily rate of pay multiplied by the number of days the shutdown lasts into an escrow account, thereby withholding their payment.
• Payments held in escrow will be released only after the government shutdown ends or after the current Congress term ends, whichever comes first.
• Withholding and remitting procedures will be similar to those that would apply to regular salary payments.

3. Withholding Salaries of the President and Vice President

Similar to Members of Congress, the salaries of the President and Vice President must also be held in escrow during a government shutdown. The Director of the Office of Personnel Management is responsible for managing this process.

4. Prohibition on Paying Executive Officers

The bill prohibits the payment of salaries and expenses to specific high-ranking executive employees during a government shutdown. This includes:

• Positions outlined in the Executive Schedule.
• Noncareer appointments in the Senior Executive Service.
• Confidential or policy-determining positions in the executive branch.

5. Definition of Government Shutdown

A government shutdown is defined in the bill as a period when there is a lapse in appropriations impacting any federal agency or department, usually due to a failure to pass regular appropriations bills or continuing resolutions.

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