II 

116TH CONGRESS 

1ST SESSION S. 589 

To provide for a period of continuing appropriations in the event of a 

lapse in appropriations under the normal appropriations process, and 

establish procedures and consequences in the event of a failure to complete regular appropriations. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2019 

Mr. LANKFORD (for himself and Ms. HASSAN) introduced the following bill; 

which was read twice and referred to the Committee on Appropriations 

A BILL 

To provide for a period of continuing appropriations in the 

event of a lapse in appropriations under the normal 

appropriations process, and establish procedures and consequences in the event of a failure to complete regular 

appropriations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevent Government 

5 Shutdowns Act of 2019’’. 


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1 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 

2 (a) IN GENERAL.—Chapter 13 of title 31, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1311. Automatic continuing appropriations 

6 ‘‘(a)(1)(A) On and after October 1 of each fiscal year, 

7 if an appropriation Act for such fiscal year with respect 

8 to the account for a program, project, or activity has not 

9 been enacted and continuing appropriations are not in ef10 fect with respect to the program, project, or activity, there 

11 are appropriated such sums as may be necessary to con12 tinue, at the rate for operations specified in subparagraph 

13 (B), the program, project, or activity if funds were pro14 vided for the program, project, or activity during the pre15 ceding fiscal year. 

16 ‘‘(B)(i) Except as provided in clause (ii), the rate for 

17 operations specified in this subparagraph with respect to 

18 a program, project, or activity is the rate for operations 

19 for the preceding fiscal year for the program, project, or 

20 activity— 

21 ‘‘(I) provided in the corresponding appropria22 tion Act for such preceding fiscal year; 

23 ‘‘(II) if the corresponding appropriation bill for 

24 such preceding fiscal year was not enacted, provided 

25 in the law providing continuing appropriations for 

26 such preceding fiscal year; or 


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1 ‘‘(III) if the corresponding appropriation bill 

2 and a law providing continuing appropriations for 

3 such preceding fiscal year were not enacted, pro4 vided under this section for such preceding fiscal 

5 year. 

6 ‘‘(ii) For entitlements and other mandatory payments 

7 whose budget authority was provided for the previous fis8 cal year in appropriations Acts, under a law other than 

9 this section providing continuing appropriations for such 

10 previous year, or under this section, and for activities 

11 under the Food and Nutrition Act of 2008, appropriations 

12 and funds made available during a fiscal year under this 

13 section shall be at the rate necessary to maintain program 

14 levels under current law, under the authority and condi15 tions provided in the applicable appropriations Act. 

16 ‘‘(2) Appropriations and funds made available, and 

17 authority granted, for any fiscal year pursuant to this sec18 tion for a program, project, or activity shall be available 

19 for the period beginning with the first day of any lapse 

20 in appropriations during such fiscal year and ending with 

21 the date on which the applicable regular appropriation bill 

22 for such fiscal year is enacted (whether or not such law 

23 provides appropriations for such program, project, or ac24 tivity) or a law making continuing appropriations for the 


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1 program, project, or activity is enacted, as the case may 

2 be. 

3 ‘‘(b) An appropriation or funds made available, or au4 thority granted, for a program, project, or activity for any 

5 fiscal year pursuant to this section shall be subject to the 

6 terms and conditions imposed with respect to the appro7 priation made or funds made available for the preceding 

8 fiscal year, or authority granted for such program, project, 

9 or activity under current law. 

10 ‘‘(c) Expenditures made for a program, project, or 

11 activity for any fiscal year pursuant to this section shall 

12 be charged to the applicable appropriation, fund, or au13 thorization whenever a regular appropriation Act, or a law 

14 making continuing appropriations until the end of such 

15 fiscal year, for such program, project, or activity is en16 acted. 

17 ‘‘(d) This section shall not apply to a program, 

18 project, or activity during a fiscal year if any other provi19 sion of law (other than an authorization of appropria20 tions)— 

21 ‘‘(1) makes an appropriation, makes funds 

22 available, or grants authority for such program, 

23 project, or activity to continue for such period; or 

24 ‘‘(2) specifically provides that no appropriation 

25 shall be made, no funds shall be made available, or 


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1 no authority shall be granted for such program, 

2 project, or activity to continue for such period.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 13 of title 31, United States Code, is amended 

5 by adding at the end the following: 

‘‘1311. Automatic continuing appropriations.’’. 

6 SEC. 3. TIMELY ENACTMENT OF REGULAR APPROPRIATION 

7 ACTS. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘covered officer or employee’’ 

10 means— 

11 (A) an officer or employee of the Office of 

12 Management and Budget; 

13 (B) an individual serving in a position on 

14 level I of the Executive Schedule under section 

15 5312 of title 5, United States Code; 

16 (C) a Member of Congress, as defined in 

17 section 2106 of title 5, United States Code; or 

18 (D) an employee of the personal office of 

19 a Member of Congress, a committee of either 

20 House of Congress, or a joint committee of 

21 Congress; 

22 (2) the term ‘‘covered period’’ means any period 

23 on and after October 1 of a fiscal year, if all regular 

24 appropriation Acts for such fiscal year have not been 

25 enacted; 


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1 (3) the term ‘‘emergency legislation’’ means leg2 islation— 

3 (A) providing assistance for an area with 

4 respect to which the President has declared a 

5 major disaster under section 401 of the Robert 

6 T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5170); 

8 (B) directly addressing a national emer9 gency declared by the President under title II 

10 of the National Emergencies Act (50 U.S.C. 

11 1621 et seq.); or 

12 (C) that, if not enacted, would be inimical 

13 to the national security of the United States; 

14 (4) the term ‘‘Member of Congress’’ has the 

15 meaning given that term in section 2106 of title 5, 

16 United States Code; and 

17 (5) the term ‘‘National Capital Region’’ has the 

18 meaning given that term in section 8702 of title 40, 

19 United States Code. 

20 (b) LIMITS ON TRAVEL EXPENDITURES.— 

21 (1) LIMITS ON OFFICIAL TRAVEL.— 

22 (A) LIMITATION.—Except as provided in 

23 subparagraph (B), during a covered period no 

24 amounts may be obligated or expended for offi25 cial travel by a covered officer or employee. 


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1 (B) EXCEPTIONS.— 

2 (i) RETURN TO DC.—If a covered offi3 cer or employee is away from the seat of 

4 Government on the date on which a cov5 ered period begins, funds may be obligated 

6 and expended for official travel by the cov7 ered officer or employee to return to the 

8 seat of Government. 

9 (ii) TRAVEL IN NATIONAL CAPITAL

10 REGION.—During a covered period, 

11 amounts may be obligated and expended 

12 for official travel by a covered officer or 

13 employee from one location in the National 

14 Capital Region to another location in the 

15 National Capital Region. 

16 (2) RESTRICTION ON USE OF CAMPAIGN

17 FUNDS.—Section 313 of the Federal Election Cam18 paign Act of 1971 (52 U.S.C. 30114) is amended— 

19 (A) in subsection (a)(2), by striking ‘‘for 

20 ordinary’’ and inserting ‘‘except as provided in 

21 subsection (d), for ordinary’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(d) RESTRICTION ON USE OF CAMPAIGN FUNDS

24 FOR OFFICIAL TRAVEL DURING LAPSE IN APPROPRIA25 TIONS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), during a covered period (as defined in 

3 section 3 of the Prevent Government Shutdowns Act 

4 of 2019), a contribution or donation described in 

5 subsection (a) may not be obligated or expended for 

6 travel in connection with duties of the individual as 

7 a holder of Federal office. 

8 ‘‘(2) RETURN TO DC.—If the individual is away 

9 from the seat of Government on the date on which 

10 a covered period (as so defined) begins, a contribu11 tion or donation described in subsection (a) may be 

12 obligated and expended for travel by the individual 

13 to return to the seat of Government.’’. 

14 (c) PROCEDURES IN THE SENATE AND HOUSE OF

15 REPRESENTATIVES.— 

16 (1) IN GENERAL.—During a covered period, in 

17 the Senate and the House of Representatives— 

18 (A) it shall not be in order to move to pro19 ceed to any matter except for— 

20 (i) a measure making appropriations 

21 for the fiscal year during which the covered 

22 period begins; 

23 (ii) emergency legislation; or 

24 (iii) a motion relating to determining 

25 or obtaining the presence of a quorum; 


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1 (B) it shall not be in order to move to re2 cess or adjourn for a period of more than 23 

3 hours; and 

4 (C) at noon each day, the Presiding Officer 

5 shall direct the clerk to determine whether a 

6 quorum is present. 

7 (2) WAIVER.—Paragraph (1) may only be 

8 waived or suspended upon an affirmative vote of 

9 two-thirds of the Members of the applicable House 

10 of Congress, duly chosen and sworn. 

Æ 


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