[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1933-S1935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 126. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 3746, to provide for a responsible increase to
the debt ceiling; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--PREVENTING GOVERNMENT SHUTDOWNS
SEC. 501. SHORT TITLE.
This division may be cited as the ``Prevent Government
Shutdowns Act of 2023''.
SEC. 502. 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.
[[Page S1934]]
``(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. 503. 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 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 502 of this division,
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 503 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. 504. BUDGETARY EFFECTS.
(a) Classification of Budgetary Effects.--The budgetary
effects of this division and the amendments made by this
division shall be estimated as if this division and the
amendments made by this division are discretionary
appropriations Acts for purposes of section 251 of the
Balanced Budget
[[Page S1935]]
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 division, 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 division, 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. 505. EFFECTIVE DATE.
This division and the amendments made by this division
shall take effect on September 30, 2023.
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