[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 589 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 589

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 
                    complete regular appropriations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2019

  Mr. Lankford (for himself and Ms. Hassan) introduced the following 
      bill; which was read twice and referred to the Committee on 
                             Appropriations

_______________________________________________________________________

                                 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 
                    complete regular 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 
2019''.

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 October 1 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.
    ``(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 REGULAR 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) an individual serving in a position on level I 
                of the Executive Schedule under section 5312 of title 
                5, United States Code;
                    (C) a Member of Congress, as defined in section 
                2106 of title 5, United States Code; or
                    (D) 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 October 1 of a fiscal year, if all regular appropriation 
        Acts for such fiscal year have not been enacted;
            (3) the term ``emergency legislation'' means legislation--
                    (A) providing assistance for an area with respect 
                to which the President has declared a major disaster 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170);
                    (B) directly addressing a national emergency 
                declared by the President under title II of the 
                National Emergencies Act (50 U.S.C. 1621 et seq.); or
                    (C) that, if not enacted, would be inimical to the 
                national security of the United States;
            (4) the term ``Member of Congress'' has the meaning given 
        that term in section 2106 of title 5, United States Code; and
            (5) 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 by the covered officer or 
                        employee to return to the seat of Government.
                            (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.
            (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 2019), 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) emergency legislation; or
                            (iii) a motion relating to determining or 
                        obtaining the presence of a quorum;
                    (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, the Presiding Officer shall 
                direct the clerk to determine whether a quorum is 
                present.
            (2) Waiver.--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.
                                 <all>