End Government Shutdowns Act

II Calendar No. 242 116TH CONGRESS 1ST SESSION S. 2593 To amend title 31, United States Code, to provide for automatic continuing resolutions. IN THE SENATE OF THE UNITED STATES SEPTEMBER 26, 2019 Mr. PORTMAN introduced the following bill; which was read the first time OCTOBER 15, 2019 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- 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 Government Shut- 4 downs Act’’. 5 VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2593 PCS SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 1 (a) IN GENERAL.—Chapter 13 of title 31, United 2 States Code, is amended by inserting after section 1310 3 the following new section: 4 ‘‘§ 1311. Continuing appropriations 5 ‘‘(a)(1) If an appropriation measure for a fiscal year 6 with respect to a program, project, or activity is not en- 7 acted before the beginning of such fiscal year and a bill 8 or joint resolution making continuing appropriations is not 9 in effect with respect to the program, project, or activity, 10 there are appropriated such sums as may be necessary to 11 continue the program, project, or activity if funds were 12 provided for the program, project, or activity in the pre- 13 ceding fiscal year— 14 ‘‘(A) in the corresponding appropriation Act for 15 such preceding fiscal year; or 16 ‘‘(B) if the corresponding appropriation bill for 17 such preceding fiscal year did not become law— 18 ‘‘(i) in a bill or joint resolution making 19 continuing appropriations for such preceding 20 fiscal year; or 21 ‘‘(ii) under this section. 22 ‘‘(2)(A) Except as provided in subparagraph (B), ap- 23 propriations and funds made available, and authority 24 granted, for a program, project, or activity for any fiscal 25 VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2593 PCS year pursuant to this section shall be at a rate of oper- 1 ations not in excess of the lower of— 2 ‘‘(i) 100 percent of the rate of operations pro- 3 vided for in the regular appropriation Act providing 4 for such program, project, or activity for the pre- 5 ceding fiscal year; 6 ‘‘(ii) in the absence of such an Act, 100 percent 7 of the rate of operations provided for such program, 8 project, or activity pursuant to a bill or joint resolu- 9 tion making continuing appropriations for such pre- 10 ceding fiscal year; 11 ‘‘(iii) in the absence of such a bill or joint reso- 12 lution, 100 percent of the rate of operations pro- 13 vided for such program, project, or activity under 14 this section for such preceding fiscal year; or 15 ‘‘(iv) 100 percent of the annualized rate of op- 16 erations provided for in the most recently enacted 17 bill or joint resolution making continuing appropria- 18 tions for part of a fiscal year. 19 ‘‘(B) For entitlements and other mandatory pay- 20 ments whose budget authority was provided for the pre- 21 vious fiscal year in appropriations Acts, under a law other 22 than this section providing continuing appropriations for 23 such previous year, or under this section, and for activities 24 under the Food and Nutrition Act of 2008, appropriations 25 VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2593 PCS and funds made available during a fiscal year under this 1 section shall be at the rate necessary to maintain program 2 levels under current law, under the authority and condi- 3 tions provided in the applicable appropriations Act. 4 ‘‘(3) Appropriations and funds made available, and 5 authority granted, for any fiscal year pursuant to this sec- 6 tion for a program, project, or activity shall be available 7 for the period beginning with the first day of a lapse in 8 appropriations and ending with the date on which the ap- 9 plicable regular appropriation bill for such fiscal year be- 10 comes law (whether or not such law provides for such pro- 11 gram, project, or activity) or a bill or joint resolution mak- 12 ing continuing appropriations for such program, project, 13 or activity becomes law, as the case may be. 14 ‘‘(4) Notwithstanding section 251(a)(1) of the Bal- 15 anced Budget and Emergency Deficit Control Act of 1985 16 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 17 of such Act (2 U.S.C. 904(a)), for any fiscal year for 18 which appropriations and funds are made available under 19 this section, the final sequestration report for such fiscal 20 year pursuant to section 254(f)(1) of such Act (2 U.S.C. 21 904(f)(1)) and any order for such fiscal year pursuant to 22 section 254(f)(5) of such Act (2 U.S.C. 901(f)(5)) shall 23 be issued— 24 VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2593 PCS ‘‘(A) for the Congressional Budget Office, 10 1 days after the date on which all regular appropria- 2 tion Acts for such fiscal year or continuing appro- 3 priations through the end of such fiscal year have 4 been enacted; and 5 ‘‘(B) for the Office of Management and Budget, 6 15 days after the date on which all regular appro- 7 priation Acts for such fiscal year or continuing ap- 8 propriations through the end of such fiscal year have 9 been enacted. 10 ‘‘(b) An appropriation or funds made available, or au- 11 thority granted, for a program, project, or activity for any 12 fiscal year pursuant to this section shall be subject to the 13 terms and conditions imposed with respect to the appro- 14 priation made or funds made available for the preceding 15 fiscal year, or authority granted for such program, project, 16 or activity under current law. 17 ‘‘(c) Expenditures made for a program, project, or 18 activity for any fiscal year pursuant to this section shall 19 be charged to the applicable appropriation, fund, or au- 20 thorization whenever a regular appropriation bill or a joint 21 resolution making continuing appropriations until the end 22 of a fiscal year providing for such program, project, or 23 activity for such period becomes law. 24 VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2593 PCS ‘‘(d) This section shall not apply to a program, 1 project, or activity during a fiscal year if any other provi- 2 sion of law (other than an authorization of appropria- 3 tions)— 4 ‘‘(1) makes an appropriation, makes funds 5 available, or grants authority for such program, 6 project, or activity to continue for such period; or 7 ‘‘(2) specifically provides that no appropriation 8 shall be made, no funds shall be made available, or 9 no authority shall be granted for such program, 10 project, or activity to continue for such period.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 of chapter 13 of title 31, United States Code, is amended 13 by inserting after the item relating to section 1310 the 14 following new item: 15 ‘‘1311. Continuing appropriations.’’. VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 242 116TH CONGRESS 1ST SESSION S. 2593 A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. OCTOBER 15, 2019 Read the second time and placed on the calendar VerDate Sep 11 2014 23:17 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S2593.PCS S2593 pamtmann on DSKBC07HB2PROD with BILLS