What This Bill Does
This bill automatically provides money to continue government programs if Congress fails to pass a regular budget before the fiscal year starts. The money flows at reduced rates and continues for 90-day periods, decreasing by 1 percent every 90 days until a permanent budget passes. (Sec. 2)
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Who It Affects
* Federal government programs, projects and activities
* Government agencies that operate these programs
* States, foreign countries and other organizations that receive funding distributions from federal programs
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Key Provisions
* If Congress does not pass an appropriation (budget) Act for a fiscal year and no continuing resolution (temporary funding law) exists, automatic funding kicks in starting the first day of that fiscal year at 99 percent of the previous year's spending level for the first 90 days. (Sec. 2(a)(2)(A))
* After each 90-day period, the funding rate drops by 1 percentage point until a permanent budget or continuing resolution becomes law. (Sec. 2(a)(2)(A))
* Automatic funding continues for programs that received money in the previous fiscal year's budget, either through the regular appropriation Act or a continuing resolution. (Sec. 2(a)(1))
* Funds stop flowing automatically once Congress passes a regular budget or a continuing resolution that covers the full fiscal year. (Sec. 2(a)(3))
* Programs that normally distribute large amounts of money to states or other groups at the start of a fiscal year cannot do so under this automatic funding. (Sec. 2(c))
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What Changes
If this bill becomes law, government programs will not shut down when Congress fails to pass a budget. Instead, they will continue operating at slightly reduced funding levels that decrease over time. Agencies must follow the same rules and conditions from the previous year's budget unless Congress passes a new law.
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Important Definitions
* **Appropriation**: Money formally set aside by Congress for a specific government purpose
* **Continuing resolution**: A temporary law that provides money to keep the government running
* **Fiscal year**: The government's budget year
* **Rate of operations**: The pace at which a program spends its money and operates
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Effective Date
Not specified in bill text
II
Calendar No. 13
118TH CONGRESS
1ST SESSION
S. 299
To amend title 31, United States Code, to provide for automatic continuing
resolutions.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. PAUL introduced the following bill; which was read the first time
FEBRUARY 9, 2023
Read the second time and placed on the calendar
A BILL
To amend title 31, United States Code, to provide for
automatic continuing resolutions.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Government Shutdown
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Prevention Act of 2023’’.
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•S 299 PCS
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.
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(a) IN GENERAL.—Chapter 13 of title 31, United
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States Code, is amended by inserting after section 1310
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the following new section:
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‘‘§ 1311. Continuing appropriations
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‘‘(a)(1) On and after the first day of each fiscal year,
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if an appropriation Act for such fiscal year with respect
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to the account for a program, project, or activity has not
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been enacted and continuing appropriations are not in ef-
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fect with respect to the program, project, or activity, there
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are appropriated, at the rate for operations specified in
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paragraph (2), such sums as may be necessary to continue
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the program, project, or activity if funds were provided
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for the program, project, or activity during the preceding
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fiscal year—
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‘‘(A) in the corresponding appropriation Act for
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such preceding fiscal year; or
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‘‘(B) if the corresponding appropriation bill for
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such preceding fiscal year did not become law, in a
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law making continuing appropriations for such pre-
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ceding fiscal year.
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‘‘(2)(A) Appropriations and funds made available,
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and authority granted, for a program, project, or activity
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for any fiscal year pursuant to this section shall be at a
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rate of operations not in excess of the lower of—
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•S 299 PCS
‘‘(i) 99 percent of the rate of operations pro-
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vided for in the regular appropriation Act providing
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for such program, project, or activity for the pre-
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ceding fiscal year;
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‘‘(ii) in the absence of such an Act, 99 percent
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of the rate of operations provided for such program,
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project, or activity pursuant to a law making con-
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tinuing appropriations for such preceding fiscal year;
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or
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‘‘(iii) 99 percent of the annualized rate of oper-
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ations provided for in the most recently enacted law
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making continuing appropriations for part of that
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fiscal year or any funding levels established under
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the provisions of this section,
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for the period of 90 days. After the first 90-day period
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during which this subsection is in effect for that fiscal
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year, the applicable rate of operations shall be reduced by
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1 percentage point. For each subsequent 90-day period
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during which this subsection is in effect for that fiscal
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year, the applicable rate of operations shall be reduced by
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1 percentage point. The 90-day period reductions shall ex-
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tend beyond the last day of that fiscal year.
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‘‘(B) If this section is in effect at the end of a fiscal
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year, funding levels shall continue as provided in this sec-
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tion for the next fiscal year.
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•S 299 PCS
‘‘(3) Appropriations and funds made available, and
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authority granted, for any fiscal year pursuant to this sec-
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tion for a program, project, or activity shall be available
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for the period beginning with the first day of a lapse in
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appropriations and ending with the date on which the ap-
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plicable regular appropriation bill for such fiscal year be-
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comes law (whether or not such law provides for such pro-
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gram, project, or activity) or a continuing resolution mak-
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ing appropriations becomes law, as the case may be.
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‘‘(b) An appropriation or funds made available, or au-
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thority granted, for a program, project, or activity for any
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fiscal year pursuant to this section shall be subject to the
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terms and conditions imposed with respect to the appro-
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priation made or funds made available for the preceding
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fiscal year, or authority granted for such program, project,
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or activity under current law.
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‘‘(c) Notwithstanding any other provision of this sec-
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tion, for those programs, projects, or activities that would
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otherwise have high initial rates of operation or complete
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distribution of appropriations at the beginning of a fiscal
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year for which funding is made available under this section
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because of distributions of funding to States, foreign coun-
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tries, grantees, or others, such high initial rates of oper-
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ation or complete distribution shall not be made, and no
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grants shall be awarded for such programs, projects, or
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•S 299 PCS
activities funded by this section that would impinge on
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final funding prerogatives.
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‘‘(d) Expenditures made for a program, project, or
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activity for any fiscal year pursuant to this section shall
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be charged to the applicable appropriation, fund, or au-
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thorization whenever a regular appropriation bill or a
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measure making continuing appropriations until the end
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of a fiscal year providing for such program, project, or
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activity for such period becomes law.
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‘‘(e) This section shall not apply to a program,
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project, or activity during a fiscal year if any other provi-
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sion of law (other than an authorization of appropria-
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tions)—
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‘‘(1) makes an appropriation, makes funds
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available, or grants authority for such program,
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project, or activity to continue for such period; or
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‘‘(2) specifically provides that no appropriation
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shall be made, no funds shall be made available, or
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no authority shall be granted for such program,
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project, or activity to continue for such period.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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of chapter 13 of title 31, United States Code, is amended
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by inserting after the item relating to section 1310 the
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following new item:
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‘‘1311. Continuing appropriations.’’.
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Calendar No. 13
118TH CONGRESS
1ST SESSION
S. 299
A BILL
To amend title 31, United States Code, to provide
for automatic continuing resolutions.
FEBRUARY 9, 2023
Read the second time and placed on the calendar
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