II 

118TH CONGRESS 

1ST SESSION S. 135 

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 enact 

appropriations. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2023 

Mr. LANKFORD (for himself, Ms. HASSAN, Mr. JOHNSON, Mr. KING, Mr. 

SCOTT of Florida, Mr. KELLY, Mr. DAINES, Ms. SINEMA, Mr. CASSIDY, 

Mr. BRAUN, and Mr. BARRASSO) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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 enact 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 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 adding at the end the fol4 lowing: 

5 ‘‘§ 1311. Automatic continuing appropriations 

6 ‘‘(a)(1)(A) On and after the first day of each fiscal 

7 year, if an appropriation Act for such fiscal year with re8 spect to the account for a program, project, or activity 

9 has not been enacted and continuing appropriations are 

10 not in effect with respect to the program, project, or activ11 ity, there are appropriated such sums as may be necessary 

12 to continue, at the rate for operations specified in sub13 paragraph (C), the program, project, or activity if funds 

14 were provided for the program, project, or activity during 

15 the preceding fiscal year. 

16 ‘‘(B)(i) Appropriations and funds made available and 

17 authority granted under subparagraph (A) shall be avail18 able for a period of 14 days. 

19 ‘‘(ii) If, at the end of the first 14-day period during 

20 which appropriations and funds are made available and 

21 authority is granted under subparagraph (A), and the end 

22 of every 14-day period thereafter, an appropriation Act for 

23 such fiscal year with respect to the account for a program, 

24 project, or activity has not been enacted and continuing 

25 appropriations are not in effect with respect to the pro26 gram, project, or activity under a provision of law other 


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1 than subparagraph (A), the appropriations and funds 

2 made available and authority granted under subparagraph 

3 (A) during the 14-day period shall be extended for an ad4 ditional 14-day period. 

5 ‘‘(C)(i) Except as provided in clause (ii), the rate for 

6 operations specified in this subparagraph with respect to 

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

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

9 activity— 

10 ‘‘(I) provided in the corresponding appropria11 tion Act for such preceding fiscal year; 

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

13 such preceding fiscal year was not enacted, provided 

14 in the law providing continuing appropriations for 

15 such preceding fiscal year; or 

16 ‘‘(III) if the corresponding appropriation bill 

17 and a law providing continuing appropriations for 

18 such preceding fiscal year were not enacted, pro19 vided under this section for such preceding fiscal 

20 year. 

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

22 whose budget authority was provided for the previous fis23 cal year in appropriations Acts, under a law other than 

24 this section providing continuing appropriations for such 

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


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1 under the Food and Nutrition Act of 2008, appropriations 

2 and funds made available during a fiscal year under this 

3 section shall be at the rate necessary to maintain program 

4 levels under current law, under the authority and condi5 tions provided in the applicable appropriations Act. 

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

7 authority granted, for any fiscal year pursuant to this sec8 tion for a program, project, or activity shall be available, 

9 in accordance with paragraph (1)(B), for the period— 

10 ‘‘(A) beginning on the first day of any lapse in 

11 appropriations during such fiscal year; and 

12 ‘‘(B) ending on the date of enactment of an ap13 propriation Act for such fiscal year with respect to 

14 the account for such program, project, or activity 

15 (whether or not such Act provides appropriations for 

16 such program, project, or activity) or a law making 

17 continuing appropriations for the program, project, 

18 or activity, as applicable. 

19 ‘‘(3) Notwithstanding section 251(a)(1) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985 

21 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 

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

23 which appropriations and funds are made available under 

24 this section, the final sequestration report for such fiscal 

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


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

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

3 be issued— 

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

5 days after the date on which appropriation Acts pro6 viding funding for the entire Federal Government 

7 through the end of such fiscal year have been en8 acted; and 

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

10 15 days after the date on which appropriation Acts 

11 providing funding for the entire Federal Government 

12 through the end of such fiscal year have been en13 acted. 

14 ‘‘(b) An appropriation or funds made available, or au15 thority granted, for a program, project, or activity for any 

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

17 terms and conditions imposed with respect to the appro18 priation made or funds made available for the preceding 

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

20 or activity under current law. 

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

22 activity for any fiscal year pursuant to this section shall 

23 be charged to the applicable appropriation, fund, or au24 thorization whenever an appropriation Act for such fiscal 

25 year with respect to the account for a program, project, 


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1 or activity or a law making continuing appropriations until 

2 the end of such fiscal year for such program, project, or 

3 activity is enacted. 

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

5 project, or activity during a fiscal year if any other provi6 sion of law (other than an authorization of appropria7 tions)— 

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

9 available, or grants authority for such program, 

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

11 ‘‘(2) specifically provides that no appropriation 

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

13 no authority shall be granted for such program, 

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

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

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

17 by adding at the end the following: 

‘‘1311. Automatic continuing appropriations.’’. 

18 SEC. 3. TIMELY ENACTMENT OF APPROPRIATION ACTS. 

19 (a) DEFINITIONS.—In this section— 

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

21 means— 

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

23 Management and Budget; 

24 (B) a Member of Congress; or 


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1 (C) an employee of the personal office of a 

2 Member of Congress, a committee of either 

3 House of Congress, or a joint committee of 

4 Congress; 

5 (2) the term ‘‘covered period’’— 

6 (A) means any period of automatic con7 tinuing appropriations; and 

8 (B) with respect to the legislative branch— 

9 (i) does not include any period of 

10 automatic continuing appropriations that 

11 occurs during the period— 

12 (I) beginning at the time at 

13 which general appropriations Acts 

14 providing funding for the entire Fed15 eral Government (including an appro16 priation Act providing continuing 

17 funding) have been enacted or passed 

18 in identical form by both Houses and 

19 transmitted to the Secretary of the 

20 Senate or Clerk of the House for en21 rollment and presentment to the 

22 President for his signature; and 

23 (II) ending at the time at which 

24 1 or more general appropriations 

25 Acts— 


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1 (aa) are vetoed by the Presi2 dent; or 

3 (bb) do not become law 

4 without the President’s signature 

5 under article I, section 7 of the 

6 Constitution of the United States 

7 based on an adjournment of the 

8 Congress; and 

9 (ii) includes any period of automatic 

10 continuing appropriations that is not a pe11 riod described in clause (i) and that follows 

12 a veto or a failure to become law (as de13 scribed in item (bb) of clause (i)(II)) of 1 

14 or more general appropriations Acts; 

15 (3) the term ‘‘Member of Congress’’ has the 

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

17 United States Code; 

18 (4) the term ‘‘National Capital Region’’ has the 

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

20 United States Code; and 

21 (5) the term ‘‘period of automatic continuing 

22 appropriations’’ means a period during which auto23 matic continuing appropriations under section 1311 

24 of title 31, United States Code, as added by section 


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1 2 of this Act, are in effect with respect to 1 or more 

2 programs, projects, or activities. 

3 (b) LIMITS ON TRAVEL EXPENDITURES.— 

4 (1) LIMITS ON OFFICIAL TRAVEL.— 

5 (A) LIMITATION.—Except as provided in 

6 subparagraph (B), no amounts may be obli7 gated or expended for official travel by a cov8 ered officer or employee during a covered pe9 riod. 

10 (B) EXCEPTIONS.— 

11 (i) RETURN TO DC.—If a covered offi12 cer or employee is away from the seat of 

13 Government on the date on which a cov14 ered period begins, funds may be obligated 

15 and expended for official travel for a single 

16 return trip to the seat of Government by 

17 the covered officer or employee. 

18 (ii) TRAVEL IN NATIONAL CAPITAL

19 REGION.—During a covered period, 

20 amounts may be obligated and expended 

21 for official travel by a covered officer or 

22 employee from one location in the National 

23 Capital Region to another location in the 

24 National Capital Region. 


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1 (iii) NATIONAL SECURITY EVENTS.— 

2 During a covered period, if a national se3 curity event that triggers a continuity of 

4 operations or continuity of Government 

5 protocol occurs, amounts may be obligated 

6 and expended for official travel by a cov7 ered officer or employee for any official 

8 travel relating to responding to the na9 tional security event or implementing the 

10 continuity of operations or continuity of 

11 Government protocol. 

12 (2) RESTRICTION ON USE OF CAMPAIGN

13 FUNDS.—Section 313 of the Federal Election Cam14 paign Act of 1971 (52 U.S.C. 30114) is amended— 

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

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

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

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

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

20 FOR OFFICIAL TRAVEL DURING AUTOMATIC CONTINUING

21 APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), during a covered period (as defined in 

24 section 3 of the Prevent Government Shutdowns Act 

25 of 2023), a contribution or donation described in 


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

2 travel in connection with duties of the individual as 

3 a holder of Federal office. 

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

5 from the seat of Government on the date on which 

6 a covered period (as so defined) begins, a contribu7 tion or donation described in subsection (a) may be 

8 obligated and expended for travel by the individual 

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

10 (c) PROCEDURES IN THE SENATE AND HOUSE OF

11 REPRESENTATIVES.— 

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

13 the Senate and the House of Representatives— 

14 (A) it shall not be in order to move to pro15 ceed to any matter except for— 

16 (i) a measure making appropriations 

17 for the fiscal year during which the covered 

18 period begins; 

19 (ii) any motion required to determine 

20 the presence of or produce a quorum; or 

21 (iii) on and after the 30th calendar 

22 day after the first day of a covered pe23 riod— 

24 (I) the nomination of an indi25 vidual— 


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1 (aa) to a position at level I 

2 of the Executive Schedule under 

3 section 5312 of title 5, United 

4 States Code; or 

5 (bb) to serve as Chief Jus6 tice of the United States or an 

7 Associate Justice of the Supreme 

8 Court of the United States; or 

9 (II) a measure extending the pe10 riod during which a program, project, 

11 or activity is authorized to be carried 

12 out (without substantive change to the 

13 program, project, or activity or any 

14 other program, project, or activity) 

15 if— 

16 (aa) an appropriation Act 

17 with respect to the program, 

18 project, or activity for the fiscal 

19 year during which the covered pe20 riod occurs has not been enacted; 

21 and 

22 (bb) the program, project, or 

23 activity has expired since the be24 ginning of such fiscal year or will 

25 expire during the 30-day period 


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1 beginning on the date of the mo2 tion; 

3 (B) it shall not be in order to move to re4 cess or adjourn for a period of more than 23 

5 hours; and 

6 (C) at noon each day, or immediately fol7 lowing any constructive convening of the Senate 

8 under rule IV, paragraph 2 of the Standing 

9 Rules of the Senate, the Presiding Officer shall 

10 direct the clerk to determine whether a quorum 

11 is present. 

12 (2) WAIVER.— 

13 (A) LIMITATION ON PERIOD.—It shall not 

14 be in order in the Senate or the House of Rep15 resentatives to move to waive any provision of 

16 paragraph (1) for a period that is longer than 

17 7 days. 

18 (B) SUPERMAJORITY VOTE.—A provision 

19 of paragraph (1) may only be waived or sus20 pended upon an affirmative vote of two-thirds 

21 of the Members of the applicable House of Con22 gress, duly chosen and sworn. 

23 (d) MOTION TO PROCEED TO APPROPRIATIONS.— 

24 (1) IN GENERAL.—On and after the 30th cal25 endar day after the first day of each fiscal year, if 


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1 an appropriation Act for such fiscal year with re2 spect to a program, project, or activity has not been 

3 enacted, it shall be in order in the Senate, notwith4 standing rule XXII or any pending executive meas5 ure or matter, to move to proceed to any appropria6 tions bill or joint resolution for the program, project, 

7 or activity that has been sponsored and cosponsored 

8 by not less than 3 Senators who are members of or 

9 caucus with the party in the majority in the Senate 

10 and not less than 3 Senators who are members of 

11 or caucus with the party in the minority in the Sen12 ate. 

13 (2) CONSIDERATION.—For a bill or joint reso14 lution described in paragraph (1)— 

15 (A) the bill or joint resolution may be con16 sidered the same day as it is introduced and 

17 shall not have to lie over 1 day; and 

18 (B) the motion to proceed to the bill or 

19 joint resolution shall be debatable for not to ex20 ceed 6 hours, equally divided between the pro21 ponents and opponents of the motion, and upon 

22 the use or yielding back of time, the Senate 

23 shall vote on the motion to proceed. 


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1 SEC. 4. BUDGETARY EFFECTS. 

2 (a) CLASSIFICATION OF BUDGETARY EFFECTS.— 

3 The budgetary effects of this Act and the amendments 

4 made by this Act shall be estimated as if this Act and 

5 the amendments made by this Act are discretionary appro6 priations Acts for purposes of section 251 of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985 (2 

8 U.S.C. 900 et seq.). 

9 (b) BASELINE.—For purposes of calculating the 

10 baseline under section 257 of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985 (2 U.S.C. 907), 

12 the provision of budgetary resources under section 1311 

13 of title 31, United States Code, as added by this Act, for 

14 an account shall be considered to be a continuing appro15 priation in effect for such account for less than the entire 

16 current year. 

17 (c) ENFORCEMENT OF DISCRETIONARY SPENDING

18 LIMITS.—For purposes of enforcing the discretionary 

19 spending limits under section 251(a) of the Balanced 

20 Budget and Emergency Deficit Control Act of 1985 (2 

21 U.S.C. 901(a)), the budgetary resources made available 

22 under section 1311 of title 31, United States Code, as 

23 added by this Act, shall be considered part-year appropria24 tions for purposes of section 251(a)(4) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985 (2 

26 U.S.C. 901(a)(4)). 


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1 SEC. 5. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect on September 30, 2023. 

Æ 


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