End Shutdowns Act

I 116TH CONGRESS 1ST SESSION H. R. 1180 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 House of Representatives if appropriations are not enacted. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mr. BEYER (for himself and Mr. RASKIN) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 House of Representatives if appro- priations 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 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS 2 •HR 1180 IH 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 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS 3 •HR 1180 IH ‘‘(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 House of Representatives to move to 13 proceed to any matter, including any privileged matter, 14 other than a measure making regular or continuing appro- 15 priations for such fiscal 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 Speaker of the House of Representa- 19 tives, with the concurrence of the minority leader, to be 20 emergency legislation. 21 ‘‘(ii) For purposes of clause (i), the term ‘emergency’ 22 means a situation that is related to the prevention or miti- 23 gation of, or response to, loss of life or property, an act 24 of terror, or a threat to national security. 25 VerDate Sep 11 2014 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS 4 •HR 1180 IH ‘‘(C) This paragraph may not be waived or suspended 1 in the House of Representatives. 2 ‘‘(D) This paragraph is enacted— 3 ‘‘(i) as an exercise of the rulemaking power of 4 the House of Representatives and as such it is 5 deemed a part of the rules of the House of Rep- 6 resentatives, but applicable only with respect to the 7 procedure to be followed in the House of Represent- 8 atives during a period described in subparagraph 9 (A); and 10 ‘‘(ii) with full recognition of the constitutional 11 right of the House of Representatives to change the 12 rules (so far as relating to the procedure of the 13 House of Representatives) at any time, in the same 14 manner, and to the same extent as in the case of 15 any other rule of the House of Representatives. 16 ‘‘(3) Appropriations and funds made available, and 17 authority granted, for any fiscal year pursuant to this sec- 18 tion for a program, project, or activity shall be available 19 for the period beginning with the first day of any lapse 20 in appropriations during such fiscal year and ending with 21 the date on which the applicable regular appropriation bill 22 for such fiscal year is enacted (whether or not such law 23 provides appropriations for such program, project, or ac- 24 tivity) or a law making continuing appropriations for the 25 VerDate Sep 11 2014 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS 5 •HR 1180 IH program, project, or activity is enacted, as the case may 1 be. 2 ‘‘(b) An appropriation or funds made available, or au- 3 thority granted, for a program, project, or activity for any 4 fiscal year pursuant to this section shall be subject to the 5 terms and conditions imposed with respect to the appro- 6 priation made or funds made available for the preceding 7 fiscal year, or authority granted for such program, project, 8 or activity under current law. 9 ‘‘(c) Expenditures made for a program, project, or 10 activity for any fiscal year pursuant to this section shall 11 be charged to the applicable appropriation, fund, or au- 12 thorization whenever a regular appropriation Act, or a law 13 making continuing appropriations until the end of such 14 fiscal year, for such program, project, or activity is en- 15 acted. 16 ‘‘(d) This section shall not apply to a program, 17 project, or activity during a fiscal year if any other provi- 18 sion of law (other than an authorization of appropria- 19 tions)— 20 ‘‘(1) makes an appropriation, makes funds 21 available, or grants authority for such program, 22 project, or activity to continue for such period; or 23 ‘‘(2) specifically provides that no appropriation 24 shall be made, no funds shall be made available, or 25 VerDate Sep 11 2014 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS 6 •HR 1180 IH no authority shall be granted for such program, 1 project, or activity to continue for such period.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 for chapter 13 of title 31, United States Code, is amended 4 by adding at the end the following: 5 ‘‘1311. Automatic continuing appropriations; requirement to consider appropria- tions measures.’’. Æ VerDate Sep 11 2014 03:03 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1180.IH H1180 kjohnson on DSK79L0C42 with BILLS