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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5353 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5353
To provide for a period of continuing appropriations in the event of a
lapse in appropriations under the normal appropriations process, and to
prohibit consideration of other matters in the House of Representatives
if appropriations are not enacted.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2023
Mr. Beyer (for himself and Mr. Raskin) introduced the following bill;
which was referred to the Committee on Appropriations, and in addition
to the Committee on Rules, 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, and to
prohibit consideration of other matters in the House of Representatives
if appropriations are not enacted.
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 ``End Shutdowns Act''.
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS; REQUIREMENT TO CONSIDER
APPROPRIATIONS MEASURES.
(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; requirement to
consider appropriations measures
``(a)(1)(A) On and after October 1 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 (B), the
program, project, or activity if funds were provided for the program,
project, or activity during the preceding fiscal year.
``(B) 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.
``(2)(A) On and after October 1 of each fiscal year, if continuing
appropriations for such fiscal year are in effect under paragraph (1)
for any program, project, or activity, except as provided in
subparagraph (B), it shall not be in order in the House of
Representatives to move to proceed to any matter, including any
privileged matter, other than a measure making regular or continuing
appropriations for such fiscal year.
``(B)(i) During a period described in subparagraph (A), it shall be
in order to move to proceed to legislation determined by the Speaker of
the House of Representatives, with the concurrence of the minority
leader, to be emergency legislation.
``(ii) For purposes of clause (i), the term `emergency' means a
situation that is related to the prevention or mitigation of, or
response to, loss of life or property, an act of terror, or a threat to
national security.
``(C) This paragraph may not be waived or suspended in the House of
Representatives.
``(D) This paragraph is enacted--
``(i) as an exercise of the rulemaking power of the House
of Representatives and as such it is deemed a part of the rules
of the House of Representatives, but applicable only with
respect to the procedure to be followed in the House of
Representatives during a period described in subparagraph (A);
and
``(ii) with full recognition of the constitutional right of
the House of Representatives to change the rules (so far as
relating to the procedure of the House of Representatives) at
any time, in the same manner, and to the same extent as in the
case of any other rule of the House of Representatives.
``(3) 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 for the period beginning with
the first day of any lapse in appropriations during such fiscal year
and ending with the date on which the applicable regular appropriation
bill for such fiscal year is enacted (whether or not such law provides
appropriations for such program, project, or activity) or a law making
continuing appropriations for the program, project, or activity is
enacted, as the case may be.
``(4) 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 a regular appropriation
Act, 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; requirement to consider
appropriations measures.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Appropriations, and in addition to the Committee on Rules, 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.
Referred to the Committee on Appropriations, and in addition to the Committee on Rules, 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.
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