[Congressional Record Volume 161, Number 140 (Monday, September 28, 2015)]
[Senate]
[Page S6978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2702. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 2689 proposed by Mr. McConnell (for Mr. Cochran) to the 
bill H.R. 719, to require the Transportation Security Administration to 
conform to existing Federal law and regulations regarding criminal 
investigator positions, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. END GOVERNMENT SHUTDOWNS ACT.

       (a) Short Title.--This section may be cited as the ``End 
     Government Shutdowns Act''.
       (b) Automatic Continuing Appropriations.--
       (1) 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) If any appropriation measure for a fiscal year is 
     not enacted before the beginning of such fiscal year or a 
     joint resolution making continuing appropriations is not in 
     effect, there are appropriated such sums as may be necessary 
     to continue any program, project, or activity for which funds 
     were provided in 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, then in a joint 
     resolution 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) 100 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, 100 percent of the 
     rate of operations provided for such program, project, or 
     activity pursuant to a joint resolution making continuing 
     appropriations for such preceding fiscal year; or
       ``(iii) 100 percent of the annualized rate of operations 
     provided for in the most recently enacted joint resolution 
     making continuing appropriations for part of that fiscal year 
     or any funding levels established under the provisions of 
     this Act;

     for the period of 120 days. After the first 120-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) 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 joint resolution 
     making continuing appropriations until the end of a fiscal 
     year providing for such program, project, or activity for 
     such period becomes law.
       ``(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.''.
       (2) 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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