[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2727 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2727
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
September 14, 2021
Mr. Lankford (for himself, Ms. Hassan, Ms. Ernst, Mr. Johnson, Mr.
Braun, Mr. Scott of Florida, Mr. Daines, Mr. King, Mr. Sasse, and Mr.
Cassidy) 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
2021''.
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
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), during a covered period no amounts may be
obligated or expended for official travel by a covered
officer or employee.
(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 2021), 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
of the 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, 2021.
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