[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2729 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2729

To provide for a period of continuing appropriations in the event of a 
lapse in appropriations under the normal appropriations process, and to 
prohibit consideration of other matters in the Senate if appropriations 
                            are not enacted.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2023

   Mr. Kaine 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 to 
prohibit consideration of other matters in the Senate if appropriations 
                            are not enacted.

    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 Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS; REQUIREMENT TO CONSIDER 
              APPROPRIATIONS MEASURES.

    (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; requirement to 
              consider appropriations measures
    ``(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) 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.
    ``(2)(A) On and after October 1 of each fiscal year, if continuing 
appropriations for such fiscal year are in effect under paragraph (1) 
for any program, project, or activity, except as provided in 
subparagraph (B), it shall not be in order in the Senate to move to 
proceed to any matter, including any privileged matter, other than a 
measure making regular or continuing appropriations for such fiscal 
year.
    ``(B)(i) During a period described in subparagraph (A), it shall be 
in order to move to proceed to legislation determined by the majority 
leader, with the concurrence of the minority leader, to be emergency 
legislation.
    ``(ii) For purposes of clause (i), the term `emergency' means a 
situation that is related to the prevention or mitigation of, or 
response to, loss of life or property, an act of terror, or a threat to 
national security.
    ``(C) This paragraph may not be waived or suspended in the Senate.
    ``(D) This paragraph is enacted--
            ``(i) as an exercise of the rulemaking power of the Senate 
        and as such it is deemed a part of the rules of the Senate, but 
        applicable only with respect to the procedure to be followed in 
        the Senate during a period described in subparagraph (A); and
            ``(ii) with full recognition of the constitutional right of 
        the Senate to change the rules (so far as relating to the 
        procedure of the Senate) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of the 
        Senate.
    ``(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 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.
    ``(4) 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 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; requirement to consider 
                            appropriations measures.''.
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