II 

117TH CONGRESS 

1ST SESSION S. 2892 

To provide for continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, other than for the legislative branch and the Executive Office of the President. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2021 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

To provide for continuing appropriations in the event of 

a lapse in appropriations under the normal appropriations process, other than for the legislative branch and 

the Executive Office of the President. 

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 ‘‘Stop the Shutdowns 

5 Transferring Unnecessary Pain and Inflicting Damage In 

6 The coming Years Act’’. 


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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) In this section, the term ‘excluded account’ 

7 means an appropriation account— 

8 ‘‘(1) for any agency, office, or other entity in or 

9 under the legislative branch; or 

10 ‘‘(2) for any agency, office, or other entity in or 

11 under the Executive Office of the President. 

12 ‘‘(b)(1)(A) If an appropriation Act for a fiscal year 

13 with respect to the account for a program, project, or ac14 tivity has not been enacted and continuing appropriations 

15 are not in effect during any period during such fiscal year 

16 with respect to the program, project, or activity, there are 

17 appropriated such sums as may be necessary to continue, 

18 at the rate for operations specified in subparagraph (B), 

19 the program, project, or activity if— 

20 ‘‘(i) the program, project, or activity is not 

21 funded under an excluded account; and 

22 ‘‘(ii) funds were provided for the program, 

23 project, or activity during the preceding fiscal year. 

24 ‘‘(B) The rate for operations specified in this sub25 paragraph with respect to a program, project, or activ26 ity— 


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1 ‘‘(i) is the rate for operations for the preceding 

2 fiscal year for the program, project, or activity— 

3 ‘‘(I) provided in the corresponding appro4 priation Act for such preceding fiscal year; or 

5 ‘‘(II) if the corresponding appropriation 

6 bill for such preceding fiscal year was not en7 acted, provided in the law providing continuing 

8 appropriations for such preceding fiscal year; or 

9 ‘‘(ii) if the corresponding appropriation bill and 

10 a law providing continuing appropriations for such 

11 preceding fiscal year were not enacted, is the rate 

12 for operations for the preceding fiscal year for the 

13 program, project, or activity provided under this sec14 tion for such preceding fiscal year, as increased by 

15 the percentage increase, if any, in the gross domestic 

16 product for the calendar year ending during such 

17 preceding fiscal year as compared to the gross do18 mestic product for the calendar year before such cal19 endar year. 

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

21 authority granted, for any fiscal year pursuant to this sec22 tion for a program, project, or activity shall be available 

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

24 in appropriations during such fiscal year and ending with 

25 the date on which the applicable regular appropriation bill 


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

2 provides appropriations for such program, project, or ac3 tivity) or a law making continuing appropriations for the 

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

5 be. 

6 ‘‘(c) An appropriation or funds made available, or au7 thority granted, for a program, project, or activity for any 

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

9 terms and conditions imposed with respect to the appro10 priation made or funds made available for the preceding 

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

12 or activity under current law. 

13 ‘‘(d) Expenditures made for a program, project, or 

14 activity for any fiscal year pursuant to this section shall 

15 be charged to the applicable appropriation, fund, or au16 thorization whenever a regular appropriation Act, or a law 

17 making continuing appropriations until the end of such 

18 fiscal year, for such program, project, or activity is en19 acted. 

20 ‘‘(e) This section shall not apply to a program, 

21 project, or activity during a fiscal year if any other provi22 sion of law (other than an authorization of appropria23 tions)— 


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

2 available, or grants authority for such program, 

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

4 ‘‘(2) specifically provides that no appropriation 

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

6 no authority shall be granted for such program, 

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

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

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

10 by adding at the end the following: 

‘‘1311. Automatic continuing appropriations.’’. 

Æ 


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