Prevent Government Shutdowns Act of 2023

II 118TH CONGRESS 1ST SESSION S. 135 To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and establish procedures and consequences in the event of a failure to enact appropriations. IN THE SENATE OF THE UNITED STATES JANUARY 30, 2023 Mr. LANKFORD (for himself, Ms. HASSAN, Mr. JOHNSON, Mr. KING, Mr. SCOTT of Florida, Mr. KELLY, Mr. DAINES, Ms. SINEMA, Mr. CASSIDY, Mr. BRAUN, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and establish procedures and con- sequences in the event of a failure to enact appropria- tions. 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 ‘‘Prevent Government 4 Shutdowns Act of 2023’’. 5 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 135 IS SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 1 (a) IN GENERAL.—Chapter 13 of title 31, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 1311. Automatic continuing appropriations 5 ‘‘(a)(1)(A) On and after the first day of each fiscal 6 year, if an appropriation Act for such fiscal year with re- 7 spect to the account for a program, project, or activity 8 has not been enacted and continuing appropriations are 9 not in effect with respect to the program, project, or activ- 10 ity, there are appropriated such sums as may be necessary 11 to continue, at the rate for operations specified in sub- 12 paragraph (C), the program, project, or activity if funds 13 were provided for the program, project, or activity during 14 the preceding fiscal year. 15 ‘‘(B)(i) Appropriations and funds made available and 16 authority granted under subparagraph (A) shall be avail- 17 able for a period of 14 days. 18 ‘‘(ii) If, at the end of the first 14-day period during 19 which appropriations and funds are made available and 20 authority is granted under subparagraph (A), and the end 21 of every 14-day period thereafter, an appropriation Act for 22 such fiscal year with respect to the account for a program, 23 project, or activity has not been enacted and continuing 24 appropriations are not in effect with respect to the pro- 25 gram, project, or activity under a provision of law other 26 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 135 IS than subparagraph (A), the appropriations and funds 1 made available and authority granted under subparagraph 2 (A) during the 14-day period shall be extended for an ad- 3 ditional 14-day period. 4 ‘‘(C)(i) Except as provided in clause (ii), the rate for 5 operations specified in this subparagraph with respect to 6 a program, project, or activity is the rate for operations 7 for the preceding fiscal year for the program, project, or 8 activity— 9 ‘‘(I) provided in the corresponding appropria- 10 tion Act for such preceding fiscal year; 11 ‘‘(II) if the corresponding appropriation bill for 12 such preceding fiscal year was not enacted, provided 13 in the law providing continuing appropriations for 14 such preceding fiscal year; or 15 ‘‘(III) if the corresponding appropriation bill 16 and a law providing continuing appropriations for 17 such preceding fiscal year were not enacted, pro- 18 vided under this section for such preceding fiscal 19 year. 20 ‘‘(ii) For entitlements and other mandatory payments 21 whose budget authority was provided for the previous fis- 22 cal year in appropriations Acts, under a law other than 23 this section providing continuing appropriations for such 24 previous year, or under this section, and for activities 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 135 IS under the Food and Nutrition Act of 2008, appropriations 1 and funds made available during a fiscal year under this 2 section shall be at the rate necessary to maintain program 3 levels under current law, under the authority and condi- 4 tions provided in the applicable appropriations Act. 5 ‘‘(2) Appropriations and funds made available, and 6 authority granted, for any fiscal year pursuant to this sec- 7 tion for a program, project, or activity shall be available, 8 in accordance with paragraph (1)(B), for the period— 9 ‘‘(A) beginning on the first day of any lapse in 10 appropriations during such fiscal year; and 11 ‘‘(B) ending on the date of enactment of an ap- 12 propriation Act for such fiscal year with respect to 13 the account for such program, project, or activity 14 (whether or not such Act provides appropriations for 15 such program, project, or activity) or a law making 16 continuing appropriations for the program, project, 17 or activity, as applicable. 18 ‘‘(3) Notwithstanding section 251(a)(1) of the Bal- 19 anced Budget and Emergency Deficit Control Act of 1985 20 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 21 of such Act (2 U.S.C. 904(a)), for any fiscal year for 22 which appropriations and funds are made available under 23 this section, the final sequestration report for such fiscal 24 year pursuant to section 254(f)(1) of such Act (2 U.S.C. 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 135 IS 904(f)(1)) and any order for such fiscal year pursuant to 1 section 254(f)(5) of such Act (2 U.S.C. 901(f)(5)) shall 2 be issued— 3 ‘‘(A) for the Congressional Budget Office, 10 4 days after the date on which appropriation Acts pro- 5 viding funding for the entire Federal Government 6 through the end of such fiscal year have been en- 7 acted; and 8 ‘‘(B) for the Office of Management and Budget, 9 15 days after the date on which appropriation Acts 10 providing funding for the entire Federal Government 11 through the end of such fiscal year have been en- 12 acted. 13 ‘‘(b) An appropriation or funds made available, or au- 14 thority granted, for a program, project, or activity for any 15 fiscal year pursuant to this section shall be subject to the 16 terms and conditions imposed with respect to the appro- 17 priation made or funds made available for the preceding 18 fiscal year, or authority granted for such program, project, 19 or activity under current law. 20 ‘‘(c) Expenditures made for a program, project, or 21 activity for any fiscal year pursuant to this section shall 22 be charged to the applicable appropriation, fund, or au- 23 thorization whenever an appropriation Act for such fiscal 24 year with respect to the account for a program, project, 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 135 IS or activity or a law making continuing appropriations until 1 the end of such fiscal year for such program, project, or 2 activity is enacted. 3 ‘‘(d) This section shall not apply to a program, 4 project, or activity during a fiscal year if any other provi- 5 sion of law (other than an authorization of appropria- 6 tions)— 7 ‘‘(1) makes an appropriation, makes funds 8 available, or grants authority for such program, 9 project, or activity to continue for such period; or 10 ‘‘(2) specifically provides that no appropriation 11 shall be made, no funds shall be made available, or 12 no authority shall be granted for such program, 13 project, or activity to continue for such period.’’. 14 (b) CLERICAL AMENDMENT.—The table of sections 15 for chapter 13 of title 31, United States Code, is amended 16 by adding at the end the following: 17 ‘‘1311. Automatic continuing appropriations.’’. SEC. 3. TIMELY ENACTMENT OF APPROPRIATION ACTS. 18 (a) DEFINITIONS.—In this section— 19 (1) the term ‘‘covered officer or employee’’ 20 means— 21 (A) an officer or employee of the Office of 22 Management and Budget; 23 (B) a Member of Congress; or 24 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 135 IS (C) an employee of the personal office of a 1 Member of Congress, a committee of either 2 House of Congress, or a joint committee of 3 Congress; 4 (2) the term ‘‘covered period’’— 5 (A) means any period of automatic con- 6 tinuing appropriations; and 7 (B) with respect to the legislative branch— 8 (i) does not include any period of 9 automatic continuing appropriations that 10 occurs during the period— 11 (I) beginning at the time at 12 which general appropriations Acts 13 providing funding for the entire Fed- 14 eral Government (including an appro- 15 priation Act providing continuing 16 funding) have been enacted or passed 17 in identical form by both Houses and 18 transmitted to the Secretary of the 19 Senate or Clerk of the House for en- 20 rollment and presentment to the 21 President for his signature; and 22 (II) ending at the time at which 23 1 or more general appropriations 24 Acts— 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 135 IS (aa) are vetoed by the Presi- 1 dent; or 2 (bb) do not become law 3 without the President’s signature 4 under article I, section 7 of the 5 Constitution of the United States 6 based on an adjournment of the 7 Congress; and 8 (ii) includes any period of automatic 9 continuing appropriations that is not a pe- 10 riod described in clause (i) and that follows 11 a veto or a failure to become law (as de- 12 scribed in item (bb) of clause (i)(II)) of 1 13 or more general appropriations Acts; 14 (3) the term ‘‘Member of Congress’’ has the 15 meaning given that term in section 2106 of title 5, 16 United States Code; 17 (4) the term ‘‘National Capital Region’’ has the 18 meaning given that term in section 8702 of title 40, 19 United States Code; and 20 (5) the term ‘‘period of automatic continuing 21 appropriations’’ means a period during which auto- 22 matic continuing appropriations under section 1311 23 of title 31, United States Code, as added by section 24 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 135 IS 2 of this Act, are in effect with respect to 1 or more 1 programs, projects, or activities. 2 (b) LIMITS ON TRAVEL EXPENDITURES.— 3 (1) LIMITS ON OFFICIAL TRAVEL.— 4 (A) LIMITATION.—Except as provided in 5 subparagraph (B), no amounts may be obli- 6 gated or expended for official travel by a cov- 7 ered officer or employee during a covered pe- 8 riod. 9 (B) EXCEPTIONS.— 10 (i) RETURN TO DC.—If a covered offi- 11 cer or employee is away from the seat of 12 Government on the date on which a cov- 13 ered period begins, funds may be obligated 14 and expended for official travel for a single 15 return trip to the seat of Government by 16 the covered officer or employee. 17 (ii) TRAVEL IN NATIONAL CAPITAL 18 REGION.—During a covered period, 19 amounts may be obligated and expended 20 for official travel by a covered officer or 21 employee from one location in the National 22 Capital Region to another location in the 23 National Capital Region. 24 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 135 IS (iii) NATIONAL SECURITY EVENTS.— 1 During a covered period, if a national se- 2 curity event that triggers a continuity of 3 operations or continuity of Government 4 protocol occurs, amounts may be obligated 5 and expended for official travel by a cov- 6 ered officer or employee for any official 7 travel relating to responding to the na- 8 tional security event or implementing the 9 continuity of operations or continuity of 10 Government protocol. 11 (2) RESTRICTION ON USE OF CAMPAIGN 12 FUNDS.—Section 313 of the Federal Election Cam- 13 paign Act of 1971 (52 U.S.C. 30114) is amended— 14 (A) in subsection (a)(2), by striking ‘‘for 15 ordinary’’ and inserting ‘‘except as provided in 16 subsection (d), for ordinary’’; and 17 (B) by adding at the end the following: 18 ‘‘(d) RESTRICTION ON USE OF CAMPAIGN FUNDS 19 FOR OFFICIAL TRAVEL DURING AUTOMATIC CONTINUING 20 APPROPRIATIONS.— 21 ‘‘(1) IN GENERAL.—Except as provided in para- 22 graph (2), during a covered period (as defined in 23 section 3 of the Prevent Government Shutdowns Act 24 of 2023), a contribution or donation described in 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 135 IS subsection (a) may not be obligated or expended for 1 travel in connection with duties of the individual as 2 a holder of Federal office. 3 ‘‘(2) RETURN TO DC.—If the individual is away 4 from the seat of Government on the date on which 5 a covered period (as so defined) begins, a contribu- 6 tion or donation described in subsection (a) may be 7 obligated and expended for travel by the individual 8 to return to the seat of Government.’’. 9 (c) PROCEDURES IN THE SENATE AND HOUSE OF 10 REPRESENTATIVES.— 11 (1) IN GENERAL.—During a covered period, in 12 the Senate and the House of Representatives— 13 (A) it shall not be in order to move to pro- 14 ceed to any matter except for— 15 (i) a measure making appropriations 16 for the fiscal year during which the covered 17 period begins; 18 (ii) any motion required to determine 19 the presence of or produce a quorum; or 20 (iii) on and after the 30th calendar 21 day after the first day of a covered pe- 22 riod— 23 (I) the nomination of an indi- 24 vidual— 25 VerDate Sep 11 2014 04:56 Feb 07, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S135.IS S135 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 135 IS (aa) to a position at level I 1 of the Executive Schedule under 2 section 5312 of title 5, United 3 States Code; or 4 (bb) to serve as Chief Jus- 5 tice of the United States or an 6 Associate Justice of the Supreme 7 Court of the United States; or 8 (II) a measure extending the pe- 9 riod during which a program, project, 10 or activity is authorized to be carried 11 out (without substantive change to the 12 program, project, or activity or any 13 other program, project, or [Text truncated for display. 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