II 

Calendar No. 13 

118TH CONGRESS 

1ST SESSION S. 299 

To amend title 31, United States Code, to provide for automatic continuing 

resolutions. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2023 

Mr. PAUL introduced the following bill; which was read the first time 

FEBRUARY 9, 2023 

Read the second time and placed on the calendar 

A BILL 

To amend title 31, United States Code, to provide for 

automatic continuing resolutions. 

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 ‘‘Government Shutdown 

5 Prevention Act of 2023’’. 


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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 inserting after section 1310 

4 the following new section: 

5 ‘‘§ 1311. Continuing appropriations 

6 ‘‘(a)(1) On and after the first day 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, at the rate for operations specified in 

12 paragraph (2), such sums as may be necessary to continue 

13 the program, project, or activity if funds were provided 

14 for the program, project, or activity during the preceding 

15 fiscal year— 

16 ‘‘(A) in the corresponding appropriation Act for 

17 such preceding fiscal year; or 

18 ‘‘(B) if the corresponding appropriation bill for 

19 such preceding fiscal year did not become law, in a 

20 law making continuing appropriations for such pre21 ceding fiscal year. 

22 ‘‘(2)(A) Appropriations and funds made available, 

23 and authority granted, for a program, project, or activity 

24 for any fiscal year pursuant to this section shall be at a 

25 rate of operations not in excess of the lower of— 


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1 ‘‘(i) 99 percent of the rate of operations pro2 vided for in the regular appropriation Act providing 

3 for such program, project, or activity for the pre4 ceding fiscal year; 

5 ‘‘(ii) in the absence of such an Act, 99 percent 

6 of the rate of operations provided for such program, 

7 project, or activity pursuant to a law making con8 tinuing appropriations for such preceding fiscal year; 

9 or 

10 ‘‘(iii) 99 percent of the annualized rate of oper11 ations provided for in the most recently enacted law 

12 making continuing appropriations for part of that 

13 fiscal year or any funding levels established under 

14 the provisions of this section, 

15 for the period of 90 days. After the first 90-day period 

16 during which this subsection is in effect for that fiscal 

17 year, the applicable rate of operations shall be reduced by 

18 1 percentage point. For each subsequent 90-day period 

19 during which this subsection is in effect for that fiscal 

20 year, the applicable rate of operations shall be reduced by 

21 1 percentage point. The 90-day period reductions shall ex22 tend beyond the last day of that fiscal year. 

23 ‘‘(B) If this section is in effect at the end of a fiscal 

24 year, funding levels shall continue as provided in this sec25 tion for the next fiscal year. 


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

2 authority granted, for any fiscal year pursuant to this sec3 tion for a program, project, or activity shall be available 

4 for the period beginning with the first day of a lapse in 

5 appropriations and ending with the date on which the ap6 plicable regular appropriation bill for such fiscal year be7 comes law (whether or not such law provides for such pro8 gram, project, or activity) or a continuing resolution mak9 ing appropriations becomes law, as the case may be. 

10 ‘‘(b) An appropriation or funds made available, or au11 thority granted, for a program, project, or activity for any 

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

13 terms and conditions imposed with respect to the appro14 priation made or funds made available for the preceding 

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

16 or activity under current law. 

17 ‘‘(c) Notwithstanding any other provision of this sec18 tion, for those programs, projects, or activities that would 

19 otherwise have high initial rates of operation or complete 

20 distribution of appropriations at the beginning of a fiscal 

21 year for which funding is made available under this section 

22 because of distributions of funding to States, foreign coun23 tries, grantees, or others, such high initial rates of oper24 ation or complete distribution shall not be made, and no 

25 grants shall be awarded for such programs, projects, or 


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1 activities funded by this section that would impinge on 

2 final funding prerogatives. 

3 ‘‘(d) 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 bill or a 

7 measure making continuing appropriations until the end 

8 of a fiscal year providing for such program, project, or 

9 activity for such period becomes law. 

10 ‘‘(e) 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 of chapter 13 of title 31, United States Code, is amended 

23 by inserting after the item relating to section 1310 the 

24 following new item: 

‘‘1311. Continuing appropriations.’’. 


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Calendar No. 13 

118TH CONGRESS 

1ST SESSION S. 299 

A BILL 

To amend title 31, United States Code, to provide 

for automatic continuing resolutions. 

FEBRUARY 9, 2023 

Read the second time and placed on the calendar 


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