,,ii #aaith ,,congress #ast ,session ,s4 #bgba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #d1 #bjbe ,mr4 ,lankford 7for himself1 ,mr4 ,barrasso1 ,mr4 ,daines1 ,mr4 ,cornyn1 ,mr4 ,budd1 ,mr4 ,cassidy1 ,mrs4 ,blackburn1 ,mr4 ,tuberville1 ,mrs4 ,britt1 ,ms4 ,ernst1 and ,mr4 ,grassley7 introduced the following bill2 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 process1 to establish procedures and consequences in the event of a failure to enact appropriations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prevent ,government ,shutdowns ,act of #bjbe4 #b4 ,automatic continuing appropriations 7a7 ,in ,general ,subchapter ,i of chapter #ac of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #acaa4 ,automatic continuing appropriations 7a7 ,for purposes of this section-- 7#a7 the term lapse in appropriations means a time period during which-- 7,a7 the applicable full-year appropriation ,act for a program1 project1 or activity has not been enacted for the current fiscal year2 7,b7 the program1 project1 or activity was provided funding in the preceding applicable appropriation ,act2 and 7,c7 no continuing appropriation ,act is in effect for such program1 project1 or activity2 and 7#b7 the term preceding applicable appropriation ,act means-- 7,a7 the most recent continuing appropriation ,act enacted2 or 7,b7 if no continuing appropriation ,act has been enacted for the current fiscal year1 the most recent applicable full-year appropriation ,act 7including a full-year continuing appropriation ,act7 enacted for the immediately preceding fiscal year 7excluding any supplemental appropriation ,act74 7b7 7#a7 ,on and after the first day of each fiscal year1 if a lapse in appropriations occurs with respect to a program1 project1 or activity1 there are appropriated such sums as may be necessary1 at the rate for operations as provided in the preceding applicable appropriation ,acts1 under the authorities and conditions provided in such ,acts1 for continuing programs1 projects1 or activities 7including the costs of direct loans and loan guarantees7 that were conducted under such ,acts and for which appropriations1 funds1 or other authorities were made available in such ,acts4 7#b7 7,a7 ,appropriations and funds made available and authority granted under paragraph 7#a7 shall be available for a period of #ad calendar days4 7,b7 ,if1 at the end of the first #ad calendar-day period during which appropriations and funds are made available and authority is granted under paragraph 7#a71 and the end of every #ad calendar-day period thereafter1 a lapse in appropriations with respect to a program1 project1 or activity continues1 the appropriations and funds made available and authority granted under paragraph 7#a7 with respect to the program1 project1 or activity shall be extended for an additional #ad calendar-day period4 7#c7 ,for entitlements and other mandatory payments whose budget authority was provided for in preceding applicable appropriation ,acts or under this section1 and for activities under the ,food and ,nutrition ,act of #bjjh1 appropriations and funds made available for a fiscal year under paragraph 7#a7 shall be at the rate necessary to maintain program levels under current law1 and under the authority and conditions provided in the preceding applicable appropriation ,act4 7c7 ,appropriations and funds made available1 and authority granted1 for any fiscal year pursuant to this section for a program1 project1 or activity shall be available1 in accordance with subsection 7b71 for the period-- 7#a7 beginning on the first day of any lapse in appropriations during such fiscal year2 and 7#b7 ending on the date of enactment of an appropriation ,act for such fiscal year with respect to the account for such program1 project1 or activity 7whether or not such ,act provides appropriations for such program1 project1 or activity7 or a continuing appropriation ,act providing funding for the program1 project1 or activity1 as applicable4 7d7 ,expenditures made for a program1 project1 or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation1 fund1 or authorization whenever an appropriation ,act for such fiscal year with respect to the account for a program1 project1 or activity or a law making continuing appropriations until the end of such fiscal year for such program1 project1 or activity is enacted4 7e7 ,appropriations and funds made available by1 or authority granted pursuant to1 this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section #aeac of this title1 but nothing in this section shall be construed to waive any other provision of law governing the apportionment of funds4 7f7 ,notwithstanding any other provision of this section1 except for subsection 7c71 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 ,states1 foreign countries1 grantees1 or others1 such high initial rates of operation or complete distribution shall not be made1 and no grants shall be awarded for such programs funded by this section that would impinge on final funding prerogatives4 7g7 ,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 programs1 projects1 and activities4 7h7 ,this section shall not apply to a program1 project1 or activity for any period during a fiscal year1 if any other provision of law 7other than an authorization of appropriations or an appropriation ,act for a prior fiscal year making carryover funds available7-- 7#a7 makes an appropriation1 makes funds available1 or grants authority for such program1 project1 or activity to continue for such period2 or 7#b7 specifically provides that no appropriation shall be made1 no funds shall be made available1 or no authority shall be granted for such program1 project1 or activity to continue for such period4 7i7 7#a7 ,subject to paragraph 7#b71 the head of an agency may1 with the approval of the ,office of ,management and ,budget1 transfer funds made available to such agency for an appropriation account pursuant to this section to any other appropriation account of such agency4 7#b7 ,not more than #e percent of any appropriation account may be transferred to another appropriation account under paragraph 7#a74 7#c7 ,the authority provided by this subsection to transfer appropriated funds-- 7,a7 is in addition to any other transfer authority provided elsewhere in this section2 7,b7 may be used only to provide funds for items relating to activities necessary for a program1 project1 or activity that have a higher priority than the programs1 projects1 or activities carried out using amounts from the accounts from which the funds are transferred2 and 7,c7 may not be used to provide funds for an item for which ,congress has specifically denied funds4 7#d7 ,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 appropriation4 7j7 ,there shall be an expedited procedure for congressional review and adoption of a joint resolution containing anomalies transmitted by the ,president4 4 7b7 ,clerical ,amendment ,the table of sections for chapter #ac of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #acaj the following3 #acaa4 ,automatic continuing appropriations4 4 #c4 ,timely enactment of appropriation ,acts 7a7 ,definitions ,in this section-- 7#a7 the term covered officer or employee means-- 7,a7 an officer or employee of the ,office of ,management and ,budget2 7,b7 a ,member of ,congress2 or 7,c7 an employee of the personal office of a ,member of ,congress1 a committee of either ,house of ,congress1 or a joint committee of ,congress2 7#b7 the term covered period-- 7,a7 means any period of automatic continuing appropriations2 and 7,b7 with respect to the legislative branch-- 7i7 does not include any period of automatic continuing appropriations that occurs during the period-- 7,i7 beginning at the time at which general appropriation ,acts providing funding for the entire ,federal ,government 7including a continuing appropriation ,act7 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 signature2 and 7,,ii7 ending at the time at which #a or more general appropriation ,acts-- 7aa7 are vetoed by the ,president2 or 7bb7 do not become law without the ,president's signature under article ,i1 section #g of the ,constitution of the ,united ,states based on an adjournment of the ,congress2 and 7ii7 includes any period of automatic continuing appropriations that is not a period described in clause 7i7 and that follows a veto or a failure to become law 7as described in item 7bb7 of clause 7i77,,ii77 of #a or more general appropriation ,acts2 7#c7 the term ,member of ,congress has the meaning given that term in section #bajf of title #e1 ,united ,states ,code2 7#d7 the term ,national ,capital ,region has the meaning given that term in section #hgjb of title #dj1 ,united ,states ,code2 and 7#e7 the term period of automatic continuing appropriations means a period during which automatic continuing appropriations under section #acaa of title #ca1 ,united ,states ,code1 as added by section #b of this ,act1 are in effect with respect to #a or more programs1 projects1 or activities4 7b7 ,limits on travel expenditures 7#a7 ,limits on official travel 7,a7 ,limitation ,except as provided in subparagraph 7,b71 no amounts may be obligated or expended for official travel by a covered officer or employee during a covered period4 7,b7 ,exceptions 7i7 ,return to ,,dc ,if a covered officer or employee is away from the seat of ,government on the date on which a covered period begins1 funds may be obligated and expended for official travel for a single return trip to the seat of ,government by the covered officer or employee4 7ii7 ,travel in ,national ,capital ,region ,during a covered period1 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 ,region4 7iii7 ,national security events ,during a covered period1 if a national security event that triggers a continuity of operations or continuity of ,government protocol occurs1 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 protocol4 7#b7 ,restriction on use of campaign funds ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7 is amended-- 7,a7 in subsection 7a77#b71 by striking for ordinary and inserting except as provided in subsection 7d71 for ordinary2 and 7,b7 by adding at the end the following3 7d7 ,restriction on use of campaign funds for official travel during automatic continuing appropriations 7#a7 ,in general ,except as provided in paragraph 7#b71 during a covered period 7as defined in section #c of the ,prevent ,government ,shutdowns ,act of #bjbe71 a contribution or donation described in subsection 7a7 may not be obligated or expended for travel in connection with duties of the individual as a holder of ,federal office4 7#b7 ,return to ,,dc ,if the individual is away from the seat of ,government on the date on which a covered period 7as so defined7 begins1 a contribution or donation described in subsection 7a7 may be obligated and expended for travel by the individual to return to the seat of ,government4 4 7c7 ,procedures in the ,senate and ,house of ,representatives 7#a7 ,in general ,during a covered period1 in the ,senate and the ,house of ,representatives-- 7,a7 it shall not be in order to move to proceed to any matter except for-- 7i7 a measure making appropriations for the fiscal year during which the covered period begins2 7ii7 any motion required to determine the presence of or produce a quorum2 7iii7 a reconciliation bill or resolution considered pursuant to section #caj of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fda72 7iv7 a bill or resolution addressing the statutory limit on the public debt under section #caja of title #ca1 ,united ,states ,code2 7v7 a measure that relates to an emergency or disaster declared by the ,president2 or 7vi7 on and after the #cjth calendar day after the first day of a covered period-- 7,i7 the nomination of an individual-- 7aa7 to a position at level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code2 or 7bb7 to serve as ,chief ,justice of the ,united ,states or an ,associate ,justice of the ,supreme ,court of the ,united ,states2 or 7,,ii7 a measure extending the period during which a program1 project1 or activity is authorized to be carried out 7without substantive change to the program1 project1 or activity or any other program1 project1 or activity7 if-- 7aa7 an appropriation ,act with respect to the program1 project1 or activity for the fiscal year during which the covered period occurs has not been enacted2 and 7bb7 the program1 project1 or activity has expired since the beginning of such fiscal year or will expire during the #cj-;day period beginning on the date of the motion2 7,b7 it shall not be in order to move to recess or adjourn for a period of more than #bc hours2 and 7,c7 at noon each day1 or immediately following any constructive convening of the ,senate under rule ,,iv1 paragraph #b of the ,standing ,rules of the ,senate1 the ,presiding ,officer shall direct the clerk to determine whether a quorum is present4 7#b7 ,waiver 7,a7 ,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 7#a7 for a period that is longer than #g days4 7,b7 ,supermajority vote ,a provision of paragraph 7#a7 may only be waived or suspended upon an affirmative vote of two-thirds of the ,members of the applicable ,house of ,congress1 duly chosen and sworn4 #d4 ,budgetary effects 7a7 ,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 #bea of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija74 7b7 ,baseline ,for purposes of calculating the baseline under section #beg of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijg71 the provision of budgetary resources under section #acaa of title #ca1 ,united ,states ,code1 as added by this ,act1 for an account shall be considered to be a continuing appropriation in effect for such account for less than the entire current year4 7c7 ,enforcement of discretionary spending limits 7#a7 ,in general ,for purposes of enforcing the discretionary spending limits under section #bea7;a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;a771 the budgetary resources made available under section #acaa of title #ca1 ,united ,states ,code1 as added by this ,act1 shall be considered part-year appropriations for purposes of section #bea7;a77#d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;a77#d774 7#b7 ,application ,if a report under section #bed7;f7 of the ,balanced ,budget and ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijd7;f77 is required during a lapse in appropriations1 the due date of such report shall be the later of-- 7,a7 the date specified in section #bea7;a77#a7 of such ,act 7#b ,u4,s4,c4 #ija7;a77#a772 or 7,b7 the date that is #cj calendar days after the first day of the lapse in appropriations4 #e4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on ,september #cj1 #bjbe4