End Shutdowns Act

II 116TH CONGRESS 1ST SESSION S. 281 To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and to prohibit consideration of other matters in the Senate if appropriations are not enacted. IN THE SENATE OF THE UNITED STATES JANUARY 30, 2019 Mr. KAINE introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and to prohibit consideration of other matters in the Senate if appropriations are not enacted. 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 ‘‘End Shutdowns Act’’. 4 VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 281 IS SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS; RE- 1 QUIREMENT TO CONSIDER APPROPRIATIONS 2 MEASURES. 3 (a) IN GENERAL.—Chapter 13 of title 31, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘§ 1311. Automatic continuing appropriations; re- 7 quirement to consider appropriations 8 measures 9 ‘‘(a)(1)(A) On and after October 1 of each fiscal year, 10 if an appropriation Act for such fiscal year with respect 11 to the account for a program, project, or activity has not 12 been enacted and continuing appropriations are not in ef- 13 fect with respect to the program, project, or activity, there 14 are appropriated such sums as may be necessary to con- 15 tinue, at the rate for operations specified in subparagraph 16 (B), the program, project, or activity if funds were pro- 17 vided for the program, project, or activity during the pre- 18 ceding fiscal year. 19 ‘‘(B) The rate for operations specified in this sub- 20 paragraph with respect to a program, project, or activity 21 is the rate for operations for the preceding fiscal year for 22 the program, project, or activity— 23 ‘‘(i) provided in the corresponding appropriation 24 Act for such preceding fiscal year; 25 VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 281 IS ‘‘(ii) if the corresponding appropriation bill for 1 such preceding fiscal year was not enacted, provided 2 in the law providing continuing appropriations for 3 such preceding fiscal year; or 4 ‘‘(iii) if the corresponding appropriation bill and 5 a law providing continuing appropriations for such 6 preceding fiscal year were not enacted, provided 7 under this section for such preceding fiscal year. 8 ‘‘(2)(A) On and after October 1 of each fiscal year, 9 if continuing appropriations for such fiscal year are in ef- 10 fect under paragraph (1) for any program, project, or ac- 11 tivity, except as provided in subparagraph (B), it shall not 12 be in order in the Senate to move to proceed to any mat- 13 ter, including any privileged matter, other than a measure 14 making regular or continuing appropriations for such fis- 15 cal year. 16 ‘‘(B)(i) During a period described in subparagraph 17 (A), it shall be in order to move to proceed to legislation 18 determined by the majority leader, with the concurrence 19 of the minority leader, to be emergency legislation. 20 ‘‘(ii) For purposes of clause (i), the term ‘emergency’ 21 means a situation that is related to the prevention or miti- 22 gation of, or response to, loss of life or property, an act 23 of terror, or a threat to national security. 24 VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 281 IS ‘‘(C) This paragraph may not be waived or suspended 1 in the Senate. 2 ‘‘(D) This paragraph is enacted— 3 ‘‘(i) as an exercise of the rulemaking power of 4 the Senate and as such it is deemed a part of the 5 rules of the Senate, but applicable only with respect 6 to the procedure to be followed in the Senate during 7 a period described in subparagraph (A); and 8 ‘‘(ii) with full recognition of the constitutional 9 right of the Senate to change the rules (so far as re- 10 lating to the procedure of the Senate) at any time, 11 in the same manner, and to the same extent as in 12 the case of any other rule of the Senate. 13 ‘‘(3) Appropriations and funds made available, and 14 authority granted, for any fiscal year pursuant to this sec- 15 tion for a program, project, or activity shall be available 16 for the period beginning with the first day of any lapse 17 in appropriations during such fiscal year and ending with 18 the date on which the applicable regular appropriation bill 19 for such fiscal year is enacted (whether or not such law 20 provides appropriations for such program, project, or ac- 21 tivity) or a law making continuing appropriations for the 22 program, project, or activity is enacted, as the case may 23 be. 24 VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 281 IS ‘‘(b) An appropriation or funds made available, or au- 1 thority granted, for a program, project, or activity for any 2 fiscal year pursuant to this section shall be subject to the 3 terms and conditions imposed with respect to the appro- 4 priation made or funds made available for the preceding 5 fiscal year, or authority granted for such program, project, 6 or activity under current law. 7 ‘‘(c) Expenditures made for a program, project, or 8 activity for any fiscal year pursuant to this section shall 9 be charged to the applicable appropriation, fund, or au- 10 thorization whenever a regular appropriation Act, or a law 11 making continuing appropriations until the end of such 12 fiscal year, for such program, project, or activity is en- 13 acted. 14 ‘‘(d) This section shall not apply to a program, 15 project, or activity during a fiscal year if any other provi- 16 sion of law (other than an authorization of appropria- 17 tions)— 18 ‘‘(1) makes an appropriation, makes funds 19 available, or grants authority for such program, 20 project, or activity to continue for such period; or 21 ‘‘(2) specifically provides that no appropriation 22 shall be made, no funds shall be made available, or 23 no authority shall be granted for such program, 24 project, or activity to continue for such period.’’. 25 VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 281 IS (b) CLERICAL AMENDMENT.—The table of sections 1 for chapter 13 of title 31, United States Code, is amended 2 by adding at the end the following: 3 ‘‘1311. Automatic continuing appropriations; requirement to consider appropria- tions measures.’’. Æ VerDate Sep 11 2014 00:03 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S281.IS S281 pamtmann on DSKBFK8HB2PROD with BILLS