Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act

II 116TH CONGRESS 1ST SESSION S. 198 To provide for continuing appropriations in the event of a lapse in appropria- tions under the normal appropriations process, other than for the legisla- tive branch and the Executive Office of the President. IN THE SENATE OF THE UNITED STATES JANUARY 22, 2019 Mr. WARNER introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide for continuing appropriations in the event of a lapse in appropriations under the normal appropria- tions process, other than for the legislative branch and the Executive Office of the President. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop the Shutdowns 4 Transferring Unnecessary Pain and Inflicting Damage In 5 The coming Years Act’’. 6 VerDate Sep 11 2014 20:12 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S198.IS S198 amozie on DSK3GDR082PROD with BILLS 2 •S 198 IS SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 1 (a) IN GENERAL.—Chapter 13 of title 31, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 1311. Automatic continuing appropriations 5 ‘‘(a) In this section, the term ‘excluded account’ 6 means an appropriation account— 7 ‘‘(1) for any agency, office, or other entity in or 8 under the legislative branch; or 9 ‘‘(2) for any agency, office, or other entity in or 10 under the Executive Office of the President. 11 ‘‘(b)(1)(A) If an appropriation Act for a fiscal year 12 with respect to the account for a program, project, or ac- 13 tivity has not been enacted and continuing appropriations 14 are not in effect during any period during such fiscal year 15 with respect to the program, project, or activity, there are 16 appropriated such sums as may be necessary to continue, 17 at the rate for operations specified in subparagraph (B), 18 the program, project, or activity if — 19 ‘‘(i) the program, project, or activity is not 20 funded under an excluded account; and 21 ‘‘(ii) funds were provided for the program, 22 project, or activity during the preceding fiscal year. 23 ‘‘(B) The rate for operations specified in this sub- 24 paragraph with respect to a program, project, or activ- 25 ity— 26 VerDate Sep 11 2014 20:12 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S198.IS S198 amozie on DSK3GDR082PROD with BILLS 3 •S 198 IS ‘‘(i) is the rate for operations for the preceding 1 fiscal year for the program, project, or activity— 2 ‘‘(I) provided in the corresponding appro- 3 priation Act for such preceding fiscal year; or 4 ‘‘(II) if the corresponding appropriation 5 bill for such preceding fiscal year was not en- 6 acted, provided in the law providing continuing 7 appropriations for such preceding fiscal year; or 8 ‘‘(ii) if the corresponding appropriation bill and 9 a law providing continuing appropriations for such 10 preceding fiscal year were not enacted, is the rate 11 for operations for the preceding fiscal year for the 12 program, project, or activity provided under this sec- 13 tion for such preceding fiscal year, as increased by 14 the percentage increase, if any, in the gross domestic 15 product for the calendar year ending during such 16 preceding fiscal year as compared to the gross do- 17 mestic product for the calendar year before such cal- 18 endar year. 19 ‘‘(2) Appropriations and funds made available, and 20 authority granted, for any fiscal year pursuant to this sec- 21 tion for a program, project, or activity shall be available 22 for the period beginning with the first day of any lapse 23 in appropriations during such fiscal year and ending with 24 the date on which the applicable regular appropriation bill 25 VerDate Sep 11 2014 20:12 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S198.IS S198 amozie on DSK3GDR082PROD with BILLS 4 •S 198 IS for such fiscal year is enacted (whether or not such law 1 provides appropriations for such program, project, or ac- 2 tivity) or a law making continuing appropriations for the 3 program, project, or activity is enacted, as the case may 4 be. 5 ‘‘(c) An appropriation or funds made available, or au- 6 thority granted, for a program, project, or activity for any 7 fiscal year pursuant to this section shall be subject to the 8 terms and conditions imposed with respect to the appro- 9 priation made or funds made available for the preceding 10 fiscal year, or authority granted for such program, project, 11 or activity under current law. 12 ‘‘(d) Expenditures made for a program, project, or 13 activity for any fiscal year pursuant to this section shall 14 be charged to the applicable appropriation, fund, or au- 15 thorization whenever a regular appropriation Act, or a law 16 making continuing appropriations until the end of such 17 fiscal year, for such program, project, or activity is en- 18 acted. 19 ‘‘(e) This section shall not apply to a program, 20 project, or activity during a fiscal year if any other provi- 21 sion of law (other than an authorization of appropria- 22 tions)— 23 VerDate Sep 11 2014 20:12 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S198.IS S198 amozie on DSK3GDR082PROD with BILLS 5 •S 198 IS ‘‘(1) makes an appropriation, makes funds 1 available, or grants authority for such program, 2 project, or activity to continue for such period; or 3 ‘‘(2) specifically provides that no appropriation 4 shall be made, no funds shall be made available, or 5 no authority shall be granted for such program, 6 project, or activity to continue for such period.’’. 7 (b) CLERICAL AMENDMENT.—The table of sections 8 for chapter 13 of title 31, United States Code, is amended 9 by adding at the end the following: 10 ‘‘1311. Automatic continuing appropriations.’’. Æ VerDate Sep 11 2014 20:12 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S198.IS S198 amozie on DSK3GDR082PROD with BILLS