[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 135 Introduced in Senate (IS)]

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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 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 
2023''.

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 (C), the 
program, project, or activity if funds were provided for the program, 
project, or activity during the preceding fiscal year.
    ``(B)(i) Appropriations and funds made available and authority 
granted under subparagraph (A) shall be available for a period of 14 
days.
    ``(ii) If, at the end of the first 14-day period during which 
appropriations and funds are made available and authority is granted 
under subparagraph (A), and the end of every 14-day period thereafter, 
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 under a provision of law other than subparagraph (A), the 
appropriations and funds made available and authority granted under 
subparagraph (A) during the 14-day period shall be extended for an 
additional 14-day period.
    ``(C)(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, in accordance with paragraph 
(1)(B), for the period--
            ``(A) beginning on the first day of any lapse in 
        appropriations during such fiscal year; and
            ``(B) ending on the date of enactment of an appropriation 
        Act for such fiscal year with respect to the account for such 
        program, project, or activity (whether or not such Act provides 
        appropriations for such program, project, or activity) or a law 
        making continuing appropriations for the program, project, or 
        activity, as applicable.
    ``(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 appropriation Acts providing funding for the 
        entire Federal Government 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 appropriation Acts providing funding 
        for the entire Federal Government 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 an appropriation Act for 
such fiscal year with respect to the account for a program, project, or 
activity 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''--
                    (A) means any period of automatic continuing 
                appropriations; and
                    (B) with respect to the legislative branch--
                            (i) does not include any period of 
                        automatic continuing appropriations that occurs 
                        during the period--
                                    (I) beginning at the time at which 
                                general appropriations Acts providing 
                                funding for the entire Federal 
                                Government (including an appropriation 
                                Act providing continuing funding) have 
                                been enacted or passed in identical 
                                form by both Houses and transmitted to 
                                the Secretary of the Senate or Clerk of 
                                the House for enrollment and 
                                presentment to the President for his 
                                signature; and
                                    (II) ending at the time at which 1 
                                or more general appropriations Acts--
                                            (aa) are vetoed by the 
                                        President; or
                                            (bb) do not become law 
                                        without the President's 
                                        signature under article I, 
                                        section 7 of the Constitution 
                                        of the United States based on 
                                        an adjournment of the Congress; 
                                        and
                            (ii) includes any period of automatic 
                        continuing appropriations that is not a period 
                        described in clause (i) and that follows a veto 
                        or a failure to become law (as described in 
                        item (bb) of clause (i)(II)) of 1 or more 
                        general appropriations Acts;
            (3) the term ``Member of Congress'' has the meaning given 
        that term in section 2106 of title 5, United States Code;
            (4) the term ``National Capital Region'' has the meaning 
        given that term in section 8702 of title 40, United States 
        Code; and
            (5) the term ``period of automatic continuing 
        appropriations'' means a period during which automatic 
        continuing appropriations under section 1311 of title 31, 
        United States Code, as added by section 2 of this Act, are in 
        effect with respect to 1 or more programs, projects, or 
        activities.
    (b) Limits on Travel Expenditures.--
            (1) Limits on official travel.--
                    (A) Limitation.--Except as provided in subparagraph 
                (B), no amounts may be obligated or expended for 
                official travel by a covered officer or employee during 
                a covered period.
                    (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 Automatic Continuing 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 2023), 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) any motion required to determine the 
                        presence of or produce a quorum; or
                            (iii) on and after the 30th calendar day 
                        after the first day of a covered period--
                                    (I) the nomination of an 
                                individual--
                                            (aa) to a position at level 
                                        I of the Executive Schedule 
                                        under section 5312 of title 5, 
                                        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 
                                        with respect to the program, 
                                        project, or activity for the 
                                        fiscal year during which the 
                                        covered period occurs has not 
                                        been enacted; 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 enacted, 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, 2023.
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