[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5130 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5130
To provide for a period of continuing appropriations in the event of a
lapse in appropriations under the normal appropriations process, to
establish procedures and consequences in the event of a failure to
enact appropriations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 2025
Mr. Arrington introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committees on
Rules, House Administration, Oversight and Government Reform, and the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for a period of continuing appropriations in the event of a
lapse in appropriations under the normal appropriations process, to
establish procedures and consequences in the event of a failure to
enact appropriations, and for other purposes.
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
2025''.
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.
(a) In General.--Subchapter 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) For purposes of this section--
``(1) the term `lapse in appropriations' means a time
period during which--
``(A) the applicable full-year appropriation Act
for a program, project, or activity has not been
enacted for the current fiscal year;
``(B) the program, project, or activity was
provided funding in the preceding applicable
appropriation Act; and
``(C) no continuing appropriation Act is in effect
for such program, project, or activity; and
``(2) the term `preceding applicable appropriation Act'
means--
``(A) the most recent continuing appropriation Act
enacted; or
``(B) if no continuing appropriation Act has been
enacted for the current fiscal year, the most recent
applicable full-year appropriation Act (including a
full-year continuing appropriation Act) enacted for the
immediately preceding fiscal year (excluding any
supplemental appropriation Act).
``(b)(1) On and after the first day of each fiscal year, if a lapse
in appropriations occurs with respect to a program, project, or
activity, there are appropriated such sums as may be necessary, at the
rate for operations as provided in the preceding applicable
appropriation Acts, under the authorities and conditions provided in
such Acts, for continuing programs, projects, or activities (including
the costs of direct loans and loan guarantees) that were conducted
under such Acts and for which appropriations, funds, or other
authorities were made available in such Acts.
``(2)(A) Appropriations and funds made available and authority
granted under paragraph (1) shall be available for a period of 14
calendar days.
``(B) If, at the end of the first 14 calendar-day period during
which appropriations and funds are made available and authority is
granted under paragraph (1), and the end of every 14 calendar-day
period thereafter, a lapse in appropriations with respect to a program,
project, or activity continues, the appropriations and funds made
available and authority granted under paragraph (1) with respect to the
program, project, or activity shall be extended for an additional 14
calendar-day period.
``(3) For entitlements and other mandatory payments whose budget
authority was provided for in preceding applicable appropriation Acts
or under this section, and for activities under the Food and Nutrition
Act of 2008, appropriations and funds made available for a fiscal year
under paragraph (1) shall be at the rate necessary to maintain program
levels under current law, and under the authority and conditions
provided in the preceding applicable appropriation Act.
``(c) 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 subsection
(b), for the period--
``(1) beginning on the first day of any lapse in
appropriations during such fiscal year; and
``(2) 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
continuing appropriation Act providing funding for the program,
project, or activity, as applicable.
``(d) 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.
``(e) Appropriations and funds made available by, or authority
granted pursuant to, this section may be used without regard to the
time limitations for submission and approval of apportionments set
forth in section 1513 of this title, but nothing in this section shall
be construed to waive any other provision of law governing the
apportionment of funds.
``(f) Notwithstanding any other provision of this section, except
for subsection (c), for those programs that would otherwise have high
initial rates of operation or complete distribution of appropriations
at the beginning of the applicable fiscal year because of distributions
of funding to States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not be made,
and no grants shall be awarded for such programs funded by this section
that would impinge on final funding prerogatives.
``(g) This section shall be implemented so that only the most
limited funding action of that permitted shall be taken in order to
provide for continuation of programs, projects, and activities.
``(h) This section shall not apply to a program, project, or
activity for any period during a fiscal year, if any other provision of
law (other than an authorization of appropriations or an appropriation
Act for a prior fiscal year making carryover funds available)--
``(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.
``(i)(1) Subject to paragraph (2), the head of an agency may, with
the approval of the Office of Management and Budget, transfer funds
made available to such agency for an appropriation account pursuant to
this section to any other appropriation account of such agency.
``(2) Not more than 5 percent of any appropriation account may be
transferred to another appropriation account under paragraph (1).
``(3) The authority provided by this subsection to transfer
appropriated funds--
``(A) is in addition to any other transfer authority
provided elsewhere in this section;
``(B) may be used only to provide funds for items relating
to activities necessary for a program, project, or activity
that have a higher priority than the programs, projects, or
activities carried out using amounts from the accounts from
which the funds are transferred; and
``(C) may not be used to provide funds for an item for
which Congress has specifically denied funds.
``(4) The head of an agency executing a transfer under this
subsection shall promptly notify the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives of any transfer of funds to or from any appropriation.
``(j) There shall be an expedited procedure for congressional
review and adoption of a joint resolution containing anomalies
transmitted by the President.''.
(b) Clerical Amendment.--The table of sections for chapter 13 of
title 31, United States Code, is amended by inserting after the item
relating to section 1310 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 appropriation Acts providing
funding for the entire Federal
Government (including a continuing
appropriation Act) 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 appropriation 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 appropriation 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 2025), 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;
(iii) a reconciliation bill or resolution
considered pursuant to section 310 of the
Congressional Budget Act of 1974 (2 U.S.C.
641);
(iv) a bill or resolution addressing the
statutory limit on the public debt under
section 3101 of title 31, United States Code;
(v) a measure that relates to an emergency
or disaster declared by the President; or
(vi) 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.
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
appropriation Acts for purposes of section 251 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901).
(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.--
(1) In general.--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)).
(2) Application.--If a report under section 254(f) of the
Balanced Budget and Deficit Control Act of 1985 (2 U.S.C.
904(f)) is required during a lapse in appropriations, the due
date of such report shall be the later of--
(A) the date specified in section 251(a)(1) of such
Act (2 U.S.C. 901(a)(1)); or
(B) the date that is 30 calendar days after the
first day of the lapse in appropriations.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
September 30, 2025.
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