II 

118TH CONGRESS 

1ST SESSION S. 2729 

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 Senate if appropriations 

are not enacted. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2023 

Mr. KAINE 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 to prohibit consideration of 

other matters in the Senate if appropriations are not 

enacted. 

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 ‘‘End Shutdowns Act’’. 


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1 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS; RE2 QUIREMENT TO CONSIDER APPROPRIATIONS 

3 MEASURES. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1311. Automatic continuing appropriations; re8 quirement to consider appropriations 

9 measures 

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

11 if an appropriation Act for such fiscal year with respect 

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

13 been enacted and continuing appropriations are not in ef14 fect with respect to the program, project, or activity, there 

15 are appropriated such sums as may be necessary to con16 tinue, at the rate for operations specified in subparagraph 

17 (B), the program, project, or activity if funds were pro18 vided for the program, project, or activity during the pre19 ceding fiscal year. 

20 ‘‘(B) The rate for operations specified in this sub21 paragraph with respect to a program, project, or activity 

22 is the rate for operations for the preceding fiscal year for 

23 the program, project, or activity— 

24 ‘‘(i) provided in the corresponding appropriation 

25 Act for such preceding fiscal year; 


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1 ‘‘(ii) if the corresponding appropriation bill for 

2 such preceding fiscal year was not enacted, provided 

3 in the law providing continuing appropriations for 

4 such preceding fiscal year; or 

5 ‘‘(iii) if the corresponding appropriation bill and 

6 a law providing continuing appropriations for such 

7 preceding fiscal year were not enacted, provided 

8 under this section for such preceding fiscal year. 

9 ‘‘(2)(A) On and after October 1 of each fiscal year, 

10 if continuing appropriations for such fiscal year are in ef11 fect under paragraph (1) for any program, project, or ac12 tivity, except as provided in subparagraph (B), it shall not 

13 be in order in the Senate to move to proceed to any mat14 ter, including any privileged matter, other than a measure 

15 making regular or continuing appropriations for such fis16 cal year. 

17 ‘‘(B)(i) During a period described in subparagraph 

18 (A), it shall be in order to move to proceed to legislation 

19 determined by the majority leader, with the concurrence 

20 of the minority leader, to be emergency legislation. 

21 ‘‘(ii) For purposes of clause (i), the term ‘emergency’ 

22 means a situation that is related to the prevention or miti23 gation of, or response to, loss of life or property, an act 

24 of terror, or a threat to national security. 


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1 ‘‘(C) This paragraph may not be waived or suspended 

2 in the Senate. 

3 ‘‘(D) This paragraph is enacted— 

4 ‘‘(i) as an exercise of the rulemaking power of 

5 the Senate and as such it is deemed a part of the 

6 rules of the Senate, but applicable only with respect 

7 to the procedure to be followed in the Senate during 

8 a period described in subparagraph (A); and 

9 ‘‘(ii) with full recognition of the constitutional 

10 right of the Senate to change the rules (so far as re11 lating to the procedure of the Senate) at any time, 

12 in the same manner, and to the same extent as in 

13 the case of any other rule of the Senate. 

14 ‘‘(3) Appropriations and funds made available, and 

15 authority granted, for any fiscal year pursuant to this sec16 tion for a program, project, or activity shall be available 

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

18 in appropriations during such fiscal year and ending with 

19 the date on which the applicable regular appropriation bill 

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

21 provides appropriations for such program, project, or ac22 tivity) or a law making continuing appropriations for the 

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

24 be. 


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1 ‘‘(4) Notwithstanding section 251(a)(1) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985 

3 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 

4 of such Act (2 U.S.C. 904(a)), for any fiscal year for 

5 which appropriations and funds are made available under 

6 this section, the final sequestration report for such fiscal 

7 year pursuant to section 254(f)(1) of such Act (2 U.S.C. 

8 904(f)(1)) and any order for such fiscal year pursuant to 

9 section 254(f)(5) of such Act (2 U.S.C. 901(f)(5)) shall 

10 be issued— 

11 ‘‘(A) for the Congressional Budget Office, 10 

12 days after the date on which appropriation Acts pro13 viding funding for the entire Federal Government 

14 through the end of such fiscal year have been en15 acted; and 

16 ‘‘(B) for the Office of Management and Budget, 

17 15 days after the date on which appropriation Acts 

18 providing funding for the entire Federal Government 

19 through the end of such fiscal year have been en20 acted. 

21 ‘‘(b) An appropriation or funds made available, or au22 thority granted, for a program, project, or activity for any 

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

24 terms and conditions imposed with respect to the appro25 priation made or funds made available for the preceding 


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

2 or activity under current law. 

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

4 activity for any fiscal year pursuant to this section shall 

5 be charged to the applicable appropriation, fund, or au6 thorization whenever a regular appropriation Act, or a law 

7 making continuing appropriations until the end of such 

8 fiscal year, for such program, project, or activity is en9 acted. 

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

11 project, or activity during a fiscal year if any other provi12 sion of law (other than an authorization of appropria13 tions)— 

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

15 available, or grants authority for such program, 

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

17 ‘‘(2) specifically provides that no appropriation 

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

19 no authority shall be granted for such program, 

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

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

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

23 by adding at the end the following: 

‘‘1311. Automatic continuing appropriations; requirement to consider appropriations measures.’’. 

Æ 


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