[Congressional Record Volume 169, Number 151 (Tuesday, September 19, 2023)]
[Senate]
[Pages S4603-S4605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1257. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 1092 proposed by Mrs. Murray (for herself and Ms. 
Collins) to the bill H.R. 4366, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2024, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

          DIVISION D--PREVENT GOVERNMENT SHUTDOWNS ACT OF 2023

     SECTION 4001. SHORT TITLE.

       This division may be cited as the ``Prevent Government 
     Shutdowns Act of 2023''.

     SEC. 4002. AUTOMATIC CONTINUING APPROPRIATIONS.

       (a) In General.--Subtitle I of 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--

[[Page S4604]]

       ``(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 subtitle 
     I of chapter 13 of title 31, United States Code, is amended 
     by adding at the end the following:

``1311. Automatic continuing appropriations.''.

     SEC. 4003. 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. 4004. 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 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

[[Page S4605]]

     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)).
                                 ______