[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4461 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 506
116th CONGRESS
  2d Session
                                S. 4461

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

                             August 5, 2020

  Mr. Lankford (for himself and Ms. Hassan) introduced the following 
                  bill; which was read the first time

                             August 6, 2020

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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 consequences in the event of a failure to 
                         enact appropriations.

    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 ``Prevent Government Shutdowns Act of 
2020''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by adding at the end the following:
``Sec. 1311. Automatic continuing appropriations
    ``(a)(1)(A) On and after the first day of each fiscal year, if an 
appropriation Act for such fiscal year with respect to the account for 
a program, project, or activity has not been enacted and continuing 
appropriations are not in effect with respect to the program, project, 
or activity, there are appropriated such sums as may be necessary to 
continue, at the rate for operations specified in subparagraph (B), the 
program, project, or activity if funds were provided for the program, 
project, or activity during the preceding fiscal year.
    ``(B)(i) Except as provided in clause (ii), the rate for operations 
specified in this subparagraph with respect to a program, project, or 
activity is the rate for operations for the preceding fiscal year for 
the program, project, or activity--
            ``(I) provided in the corresponding appropriation Act for 
        such preceding fiscal year;
            ``(II) if the corresponding appropriation bill for such 
        preceding fiscal year was not enacted, provided in the law 
        providing continuing appropriations for such preceding fiscal 
        year; or
            ``(III) if the corresponding appropriation bill and a law 
        providing continuing appropriations for such preceding fiscal 
        year were not enacted, provided under this section for such 
        preceding fiscal year.
    ``(ii) For entitlements and other mandatory payments whose budget 
authority was provided for the previous fiscal year in appropriations 
Acts, under a law other than this section providing continuing 
appropriations for such previous year, or under this section, and for 
activities under the Food and Nutrition Act of 2008, appropriations and 
funds made available during a fiscal year under this section shall be 
at the rate necessary to maintain program levels under current law, 
under the authority and conditions provided in the applicable 
appropriations Act.
    ``(2) 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 any lapse in appropriations during such fiscal year 
and ending with the date on which the applicable regular appropriation 
bill for such fiscal year is enacted (whether or not such law provides 
appropriations for such program, project, or activity) or a law making 
continuing appropriations for the program, project, or activity is 
enacted, as the case may be.
    ``(3) Notwithstanding section 251(a)(1) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) and the 
timetable in section 254(a) of such Act (2 U.S.C. 904(a)), for any 
fiscal year for which appropriations and funds are made available under 
this section, the final sequestration report for such fiscal year 
pursuant to section 254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any 
order for such fiscal year pursuant to section 254(f)(5) of such Act (2 
U.S.C. 901(f)(5)) shall be issued--
            ``(A) for the Congressional Budget Office, 10 days after 
        the date on which all regular appropriation Acts for such 
        fiscal year or continuing appropriations through the end of 
        such fiscal year have been enacted; and
            ``(B) for the Office of Management and Budget, 15 days 
        after the date on which all regular appropriation Acts for such 
        fiscal year or continuing appropriations through the end of 
        such fiscal year have been enacted.
    ``(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 
Act, or a law making continuing appropriations until the end of such 
fiscal year, for such program, project, or activity is enacted.
    ``(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 for chapter 13 of 
title 31, United States Code, is amended by adding at the end the 
following:

``1311. Automatic continuing appropriations.''.

SEC. 3. TIMELY ENACTMENT OF APPROPRIATION ACTS.

    (a) Definitions.--In this section--
            (1) the term ``covered officer or employee'' means--
                    (A) an officer or employee of the Office of 
                Management and Budget;
                    (B) a Member of Congress; or
                    (C) an employee of the personal office of a Member 
                of Congress, a committee of either House of Congress, 
                or a joint committee of Congress;
            (2) the term ``covered period'' means any period on and 
        after the first day of a fiscal year, if all general 
        appropriations Acts have not been passed in identical form by 
        both Houses and transmitted to Secretary of the Senate or Clerk 
        of the House for enrollment and presentment to the President 
        for his signature;
            (3) the term ``Member of Congress'' has the meaning given 
        that term in section 2106 of title 5, United States Code; and
            (4) the term ``National Capital Region'' has the meaning 
        given that term in section 8702 of title 40, United States 
        Code.
    (b) Limits on Travel Expenditures.--
            (1) Limits on official travel.--
                    (A) Limitation.--Except as provided in subparagraph 
                (B), during a covered period no amounts may be 
                obligated or expended for official travel by a covered 
                officer or employee.
                    (B) Exceptions.--
                            (i) Return to dc.--If a covered officer or 
                        employee is away from the seat of Government on 
                        the date on which a covered period begins, 
                        funds may be obligated and expended for 
                        official travel for a single return trip to the 
                        seat of Government by the covered officer or 
                        employee.
                            (ii) Travel in national capital region.--
                        During a covered period, amounts may be 
                        obligated and expended for official travel by a 
                        covered officer or employee from one location 
                        in the National Capital Region to another 
                        location in the National Capital Region.
                            (iii) National security events.--During a 
                        covered period, if a national security event 
                        that triggers a continuity of operations or 
                        continuity of Government protocol occurs, 
                        amounts may be obligated and expended for 
                        official travel by a covered officer or 
                        employee for any official travel relating to 
                        responding to the national security event or 
                        implementing the continuity of operations or 
                        continuity of Government protocol.
            (2) Restriction on use of campaign funds.--Section 313 of 
        the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is 
        amended--
                    (A) in subsection (a)(2), by striking ``for 
                ordinary'' and inserting ``except as provided in 
                subsection (d), for ordinary''; and
                    (B) by adding at the end the following:
    ``(d) Restriction on Use of Campaign Funds for Official Travel 
During Lapse in Appropriations.--
            ``(1) In general.--Except as provided in paragraph (2), 
        during a covered period (as defined in section 3 of the Prevent 
        Government Shutdowns Act of 2020), a contribution or donation 
        described in subsection (a) may not be obligated or expended 
        for travel in connection with duties of the individual as a 
        holder of Federal office.
            ``(2) Return to dc.--If the individual is away from the 
        seat of Government on the date on which a covered period (as so 
        defined) begins, a contribution or donation described in 
        subsection (a) may be obligated and expended for travel by the 
        individual to return to the seat of Government.''.
    (c) Procedures in the Senate and House of Representatives.--
            (1) In general.--During a covered period, in the Senate and 
        the House of Representatives--
                    (A) it shall not be in order to move to proceed to 
                any matter except for--
                            (i) a measure making appropriations for the 
                        fiscal year during which the covered period 
                        begins;
                            (ii) a motion relating to determining or 
                        obtaining the presence of a quorum; or
                            (iii) on and after the 30th calendar day 
                        after the first day of a fiscal year--
                                    (I) the nomination of an 
                                individual--
                                            (aa) to a position at level 
                                        I of the Executive Schedule 
                                        under section 5312 of title 5 
                                        of the United States Code; or
                                            (bb) to serve as Chief 
                                        Justice of the United States or 
                                        an Associate Justice of the 
                                        Supreme Court of the United 
                                        States; or
                                    (II) a measure extending the period 
                                during which a program, project, or 
                                activity is authorized to be carried 
                                out (without substantive change to the 
                                program, project, or activity or any 
                                other program, project, or activity) 
                                if--
                                            (aa) an appropriation Act 
                                        for such fiscal year with 
                                        respect to the program, 
                                        project, or activity has not 
                                        been passed in identical form 
                                        by both Houses and transmitted 
                                        to Secretary of the Senate or 
                                        Clerk of the House for 
                                        enrollment and presentment to 
                                        the President for his 
                                        signature; and
                                            (bb) the program, project, 
                                        or activity has expired since 
                                        the beginning of such fiscal 
                                        year or will expire during the 
                                        30-day period beginning on the 
                                        date of the motion;
                    (B) it shall not be in order to move to recess or 
                adjourn for a period of more than 23 hours; and
                    (C) at noon each day, or immediately following any 
                constructive convening of the Senate under rule IV, 
                paragraph 2 of the Standing Rules of the Senate, the 
                Presiding Officer shall direct the clerk to determine 
                whether a quorum is present.
            (2) Waiver.--
                    (A) Limitation on period.--It shall not be in order 
                in the Senate or the House of Representatives to move 
                to waive any provision of paragraph (1) for a period 
                that is longer than 7 days.
                    (B) Supermajority vote.--A provision of paragraph 
                (1) may only be waived or suspended upon an affirmative 
                vote of two-thirds of the Members of the applicable 
                House of Congress, duly chosen and sworn.
    (d) Motion to Proceed to Appropriations.--
            (1) In general.--On and after the 30th calendar day after 
        the first day of each fiscal year, if an appropriation Act for 
        such fiscal year with respect to a program, project, or 
        activity has not been passed in identical form by both Houses 
        and transmitted to Secretary of the Senate or Clerk of the 
        House for enrollment and presentment to the President for his 
        signature, it shall be in order in the Senate, notwithstanding 
        rule XXII or any pending executive measure or matter, to move 
        to proceed to any appropriations bill or joint resolution for 
        the program, project, or activity that has been sponsored and 
        cosponsored by not less than 3 Senators who are members of or 
        caucus with the party in the majority in the Senate and not 
        less than 3 Senators who are members of or caucus with the 
        party in the minority in the Senate.
            (2) Consideration.--For a bill or joint resolution 
        described in paragraph (1)--
                    (A) the bill or joint resolution may be considered 
                the same day as it is introduced and shall not have to 
                lie over 1 day; and
                    (B) the motion to proceed to the bill or joint 
                resolution shall be debatable for not to exceed 6 
                hours, equally divided between the proponents and 
                opponents of the motion, and upon the use or yielding 
                back of time, the Senate shall vote on the motion to 
                proceed.

SEC. 4. BUDGETARY EFFECTS.

    (a) Classification of Budgetary Effects.--The budgetary effects of 
this Act and the amendments made by this Act shall be estimated as if 
this Act and the amendments made by this Act are discretionary 
appropriations Acts for purposes of section 251 of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
    (b) Baseline.--For purposes of calculating the baseline under 
section 257 of the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 907), the provision of budgetary resources under section 
1311 of title 31, United States Code, as added by this Act, for an 
account shall be considered to be a continuing appropriation in effect 
for such account for less than the entire current year.
    (c) Enforcement of Discretionary Spending Limits.--For purposes of 
enforcing the discretionary spending limits under section 251(a) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(a)), the budgetary resources made available under section 1311 of 
title 31, United States Code, as added by this Act, shall be considered 
part-year appropriations for purposes of section 251(a)(4) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(a)(4)).

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
September 30, 2021.
                                                       Calendar No. 506

116th CONGRESS

  2d Session

                                S. 4461

_______________________________________________________________________

                                 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 consequences in the event of a failure to 
                         enact appropriations.

_______________________________________________________________________

                             August 6, 2020

            Read the second time and placed on the calendar