I 

118TH CONGRESS 

1ST SESSION H. R. 5353 

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 House of Representatives 

if appropriations are not enacted. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2023 

Mr. BEYER (for himself and Mr. RASKIN) introduced the following bill; which 

was referred to the Committee on Appropriations, and in addition to the 

Committee on Rules, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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 House of Representatives 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 House of Representatives to move to 

14 proceed to any matter, including any privileged matter, 

15 other than a measure making regular or continuing appro16 priations for such fiscal 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 Speaker of the House of Representa20 tives, with the concurrence of the minority leader, to be 

21 emergency legislation. 

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

23 means a situation that is related to the prevention or miti24 gation of, or response to, loss of life or property, an act 

25 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 House of Representatives. 

3 ‘‘(D) This paragraph is enacted— 

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

5 the House of Representatives and as such it is 

6 deemed a part of the rules of the House of Rep7 resentatives, but applicable only with respect to the 

8 procedure to be followed in the House of Represent9 atives during a period described in subparagraph 

10 (A); and 

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

12 right of the House of Representatives to change the 

13 rules (so far as relating to the procedure of the 

14 House of Representatives) at any time, in the same 

15 manner, and to the same extent as in the case of 

16 any other rule of the House of Representatives. 

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

18 authority granted, for any fiscal year pursuant to this sec19 tion for a program, project, or activity shall be available 

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

21 in appropriations during such fiscal year and ending with 

22 the date on which the applicable regular appropriation bill 

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

24 provides appropriations for such program, project, or ac25 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 ‘‘(4) Notwithstanding section 251(a)(1) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985 

5 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) 

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

7 which appropriations and funds are made available under 

8 this section, the final sequestration report for such fiscal 

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

10 904(f)(1)) and any order for such fiscal year pursuant to 

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

12 be issued— 

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

14 days after the date on which appropriation Acts pro15 viding funding for the entire Federal Government 

16 through the end of such fiscal year have been en17 acted; and 

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

19 15 days after the date on which appropriation Acts 

20 providing funding for the entire Federal Government 

21 through the end of such fiscal year have been en22 acted. 

23 ‘‘(b) An appropriation or funds made available, or au24 thority granted, for a program, project, or activity for any 

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


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1 terms and conditions imposed with respect to the appro2 priation made or funds made available for the preceding 

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

4 or activity under current law. 

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

6 activity for any fiscal year pursuant to this section shall 

7 be charged to the applicable appropriation, fund, or au8 thorization whenever a regular appropriation Act, or a law 

9 making continuing appropriations until the end of such 

10 fiscal year, for such program, project, or activity is en11 acted. 

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

13 project, or activity during a fiscal year if any other provi14 sion of law (other than an authorization of appropria15 tions)— 

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

17 available, or grants authority for such program, 

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

19 ‘‘(2) specifically provides that no appropriation 

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

21 no authority shall be granted for such program, 

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

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

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

25 by adding at the end the following: 


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

Æ 


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