[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2806 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 161
119th CONGRESS
1st Session
S. 2806
To provide for automatic continuing appropriations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2025
Mr. Johnson introduced the following bill; which was read the first
time
September 16, 2025
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide for automatic continuing 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 ``Eliminate Shutdowns Act''.
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,
under a law other than this section providing full-year continuing
appropriations for the preceding fiscal year, 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, 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 under this section 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 during a lapse in appropriations 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) may be used only to provide funds for items relating
to activities necessary for a program, project, or activity
that has a higher priority than the programs, projects, or
activities carried out using amounts from the accounts from
which the funds are transferred; and
``(B) 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) No appropriation of funds made available or authority granted
pursuant to this section shall be used to initiate or resume any
program, project or activity for which appropriations, funds, or other
authority were specifically prohibited during the previous fiscal year
under the appropriation Act.''.
(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. 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) Report.--If a report under section 254(f) of the
Balanced Budget and Emergency 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 the date
specified in section 251(a)(1) of such Act (2 U.S.C. 901(a)(1))
or 30 calendar days after the first day of the lapse in
appropriations.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
September 30, 2025.
Calendar No. 161
119th CONGRESS
1st Session
S. 2806
_______________________________________________________________________
A BILL
To provide for automatic continuing appropriations.
_______________________________________________________________________
September 16, 2025
Read the second time and placed on the calendar