[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5543 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5543

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2023

   Ms. Mace introduced the following bill; which was 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 ``Government Shutdown Prevention Act 
of 2023''.

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) 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, at the rate for operations 
specified in paragraph (2), such sums as may be necessary to continue 
the program, project, or activity if funds were provided for the 
program, project, or activity during 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, in a law 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) 99 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, 99 percent of the 
        rate of operations provided for such program, project, or 
        activity pursuant to a law making continuing appropriations for 
        such preceding fiscal year; or
            ``(iii) 99 percent of the annualized rate of operations 
        provided for in the most recently enacted law making continuing 
        appropriations for part of that fiscal year or any funding 
        levels established under the provisions of this section,
for the period of 90 days. After the first 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. 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) Notwithstanding any other provision of this section, for 
those programs, projects, or activities that would otherwise have high 
initial rates of operation or complete distribution of appropriations 
at the beginning of a fiscal year for which funding is made available 
under this section because of distributions of funding to States, 
foreign countries, grantees, or others, such high initial rates of 
operation or complete distribution shall not be made, and no grants 
shall be awarded for such programs, projects, or activities funded by 
this section that would impinge on final funding prerogatives.
    ``(d) 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 measure making continuing appropriations until the end of a 
fiscal year providing for such program, project, or activity for such 
period becomes law.
    ``(e) 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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