Government Shutdown Prevention Act of 2020

II Calendar No. 613 116TH CONGRESS 2D SESSION S. 5014 To amend title 31, United States Code, to provide for automatic continuing resolutions. IN THE SENATE OF THE UNITED STATES DECEMBER 11, 2020 Mr. PAUL introduced the following bill; which was read the first time DECEMBER 14, 2020 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 ‘‘Government Shutdown 4 Prevention Act of 2020’’. 5 VerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 5014 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 ‘‘SEC. 1311. CONTINUING APPROPRIATIONS. 5 ‘‘(a)(1) If any appropriation measure for a fiscal year 6 is not enacted before the beginning of such fiscal year or 7 a joint resolution making continuing appropriations is not 8 in effect, there are appropriated such sums as may be nec- 9 essary to continue any program, project, or activity for 10 which funds were provided in the preceding fiscal year— 11 ‘‘(A) in the corresponding appropriation Act for 12 such preceding fiscal year; or 13 ‘‘(B) if the corresponding appropriation bill for 14 such preceding fiscal year did not become law, then 15 in a joint resolution making continuing appropria- 16 tions for such preceding fiscal year. 17 ‘‘(2)(A) Appropriations and funds made available, 18 and authority granted, for a program, project, or activity 19 for any fiscal year pursuant to this section shall be at a 20 rate of operations not in excess of the lower of— 21 ‘‘(i) 99 percent of the rate of operations pro- 22 vided for in the regular appropriation Act providing 23 for such program, project, or activity for the pre- 24 ceding fiscal year; 25 VerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 5014 PCS ‘‘(ii) in the absence of such an Act, 99 percent 1 of the rate of operations provided for such program, 2 project, or activity pursuant to a joint resolution 3 making continuing appropriations for such preceding 4 fiscal year; or 5 ‘‘(iii) 99 percent of the annualized rate of oper- 6 ations provided for in the most recently enacted 7 joint resolution making continuing appropriations 8 for part of that fiscal year or any funding levels es- 9 tablished under the provisions of this Act, 10 for the period of 90 days. After the first 90-day period 11 during which this subsection is in effect for that fiscal 12 year, the applicable rate of operations shall be reduced by 13 1 percentage point. For each subsequent 90-day period 14 during which this subsection is in effect for that fiscal 15 year, the applicable rate of operations shall be reduced by 16 1 percentage point. The 90-day period reductions shall ex- 17 tend beyond the last day of that fiscal year. 18 ‘‘(B) If this section is in effect at the end of a fiscal 19 year, funding levels shall continue as provided in this sec- 20 tion for the next fiscal year. 21 ‘‘(3) Appropriations and funds made available, and 22 authority granted, for any fiscal year pursuant to this sec- 23 tion for a program, project, or activity shall be available 24 for the period beginning with the first day of a lapse in 25 VerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 5014 PCS appropriations and ending with the date on which the ap- 1 plicable regular appropriation bill for such fiscal year be- 2 comes law (whether or not such law provides for such pro- 3 gram, project, or activity) or a continuing resolution mak- 4 ing appropriations becomes law, as the case may be. 5 ‘‘(b) 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 ‘‘(c) 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 bill or a joint 16 resolution making continuing appropriations until the end 17 of a fiscal year providing for such program, project, or 18 activity for such period becomes law. 19 ‘‘(d) 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 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 5014 PCS ‘‘(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 of chapter 13 of title 31, United States Code, is amended 9 by inserting after the item relating to section 1310 the 10 following new item: 11 ‘‘1311. Continuing appropriations.’’. VerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 613 116TH CONGRESS 2D SESSION S. 5014 A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. DECEMBER 14, 2020 Read the second time and placed on the calendar VerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S5014.PCS S5014 pamtmann on DSKBC07HB2PROD with BILLS