[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 104

    To amend title 31, United States Code, to provide for automatic 
                        continuing resolutions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2019

 Mr. Portman (for himself, Mr. Enzi, Mr. Risch, Mr. Barrasso, Mr. Lee, 
 Mr. Grassley, Mr. Daines, Mr. Isakson, and Ms. Murkowski) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Appropriations

_______________________________________________________________________

                                 A BILL


 
    To amend title 31, United States Code, to provide for automatic 
                        continuing resolutions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Government Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by inserting after section 1310 the following new section:

``SEC. 1311. CONTINUING APPROPRIATIONS.

    ``(a)(1) If any appropriation measure for a fiscal year is not 
enacted before the beginning of such fiscal year or a joint resolution 
making continuing appropriations is not in effect, there are 
appropriated such sums as may be necessary to continue any program, 
project, or activity for which funds were provided in the preceding 
fiscal year--
            ``(A) in the corresponding appropriation Act for such 
        preceding fiscal year; or
            ``(B) if the corresponding appropriation bill for such 
        preceding fiscal year did not become law, then in a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year.
    ``(2)(A) Appropriations and funds made available, and authority 
granted, for a program, project, or activity for any fiscal year 
pursuant to this section shall be at a rate of operations not in excess 
of the lower of--
            ``(i) 100 percent of the rate of operations provided for in 
        the regular appropriation Act providing for such program, 
        project, or activity for the preceding fiscal year;
            ``(ii) in the absence of such an Act, 100 percent of the 
        rate of operations provided for such program, project, or 
        activity pursuant to a joint resolution making continuing 
        appropriations for such preceding fiscal year; or
            ``(iii) 100 percent of the annualized rate of operations 
        provided for in the most recently enacted joint resolution 
        making continuing appropriations for part of that fiscal year 
        or any funding levels established under the provisions of this 
        Act,
for the period of 120 days. After the first 120-day period during which 
this subsection is in effect for that fiscal year, the applicable rate 
of operations shall be reduced by 1 percentage point. For each 
subsequent 90-day period during which this subsection is in effect for 
that fiscal year, the applicable rate of operations shall be reduced by 
1 percentage point. The 90-day period reductions shall extend beyond 
the last day of that fiscal year.
    ``(B) If this section is in effect at the end of a fiscal year, 
funding levels shall continue as provided in this section for the next 
fiscal year.
    ``(3) Appropriations and funds made available, and authority 
granted, for any fiscal year pursuant to this section for a program, 
project, or activity shall be available for the period beginning with 
the first day of a lapse in appropriations and ending with the date on 
which the applicable regular appropriation bill for such fiscal year 
becomes law (whether or not such law provides for such program, 
project, or activity) or a continuing resolution making appropriations 
becomes law, as the case may be.
    ``(b) An appropriation or funds made available, or authority 
granted, for a program, project, or activity for any fiscal year 
pursuant to this section shall be subject to the terms and conditions 
imposed with respect to the appropriation made or funds made available 
for the preceding fiscal year, or authority granted for such program, 
project, or activity under current law.
    ``(c) Expenditures made for a program, project, or activity for any 
fiscal year pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever a regular appropriation 
bill or a joint resolution making continuing appropriations until the 
end of a fiscal year providing for such program, project, or activity 
for such period becomes law.
    ``(d) This section shall not apply to a program, project, or 
activity during a fiscal year if any other provision of law (other than 
an authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or 
        grants authority for such program, project, or activity to 
        continue for such period; or
            ``(2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall 
        be granted for such program, project, or activity to continue 
        for such period.''.
    (b) Clerical Amendment.--The table of sections of chapter 13 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 1310 the following new item:

``1311. Continuing appropriations.''.
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