,,ii ,calendar ,no4 #afa #aaith ,,congress #ast ,session ,s4 #bhjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ae1 #bjbe,mr4 ,johnson introduced the following bill2 which was read the first time ,september #af1 #bjbe,read the second time and placed on the calendar ,a ,,bill ,to provide for automatic continuing appropriations4 #a4 ,short title ,this ,act may be cited as the ,eliminate ,shutdowns ,act4 #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 ,acts under the authorities and conditions provided in such ,acts1 for continuing programs1 projects 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 ,acts1 under a law other than this section providing full-year continuing appropriations for the preceding fiscal year1 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 this1 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 under this section shall be taken in order to provide for continuation of programs1 projects and activities4 7h7 ,this section shall not apply to a program1 project1 or activity during a lapse in appropriations 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 may be used only to provide funds for items relating to activities necessary for a program1 project1 or activity that has a higher priority than the programs1 projects1 or activities carried out using amounts from the accounts from which the funds are transferred2 and 7,b7 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 ,no appropriation of funds made available or authority granted pursuant to this section shall be used to initiate or resume any program1 project or activity for which appropriations1 funds1 or other authority were specifically prohibited during the previous fiscal year under the appropriation ,act4 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 ,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 ,report ,if a report under section #bed7;f7 of the ,balanced ,budget and ,emergency ,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 the date specified in section #bea7;a77#a7 of such ,act 7#b ,u4,s4,c4 #ija7;a77#a77 or #cj calendar days after the first day of the lapse in appropriations4 #d4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on ,september #cj1 #bjbe4 ,september #af1 #bjbe,read the second time and placed on the calendar