I 

118TH CONGRESS 

1ST SESSION H. R. 5543 

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

resolutions. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2023 

Ms. MACE introduced the following bill; which was referred to the Committee 

on Appropriations 

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’’. 

6 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 

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

8 States Code, is amended by inserting after section 1310 

9 the following new section: 


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1 ‘‘§ 1311. Continuing appropriations 

2 ‘‘(a)(1) On and after the first day of each fiscal year, 

3 if an appropriation Act for such fiscal year with respect 

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

5 been enacted and continuing appropriations are not in ef6 fect with respect to the program, project, or activity, there 

7 are appropriated, at the rate for operations specified in 

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

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

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

11 fiscal year— 

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

13 such preceding fiscal year; or 

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

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

16 law making continuing appropriations for such pre17 ceding fiscal year. 

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

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

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

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

22 ‘‘(i) 99 percent of the rate of operations pro23 vided for in the regular appropriation Act providing 

24 for such program, project, or activity for the pre25 ceding fiscal year; 


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

2 of the rate of operations provided for such program, 

3 project, or activity pursuant to a law making con4 tinuing appropriations for such preceding fiscal year; 

5 or 

6 ‘‘(iii) 99 percent of the annualized rate of oper7 ations provided for in the most recently enacted law 

8 making continuing appropriations for part of that 

9 fiscal year or any funding levels established under 

10 the provisions of this section, 

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

12 during which this subsection is in effect for that fiscal 

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

14 1 percentage point. For each subsequent 90-day period 

15 during which this subsection is in effect for that fiscal 

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

17 1 percentage point. The 90-day period reductions shall ex18 tend beyond the last day of that fiscal year. 

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

20 year, funding levels shall continue as provided in this sec21 tion for the next fiscal year. 

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

23 authority granted, for any fiscal year pursuant to this sec24 tion for a program, project, or activity shall be available 

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


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1 appropriations and ending with the date on which the ap2 plicable regular appropriation bill for such fiscal year be3 comes law (whether or not such law provides for such pro4 gram, project, or activity) or a continuing resolution mak5 ing appropriations becomes law, as the case may be. 

6 ‘‘(b) 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 ‘‘(c) Notwithstanding any other provision of this sec14 tion, for those programs, projects, or activities that would 

15 otherwise have high initial rates of operation or complete 

16 distribution of appropriations at the beginning of a fiscal 

17 year for which funding is made available under this section 

18 because of distributions of funding to States, foreign coun19 tries, grantees, or others, such high initial rates of oper20 ation or complete distribution shall not be made, and no 

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

22 activities funded by this section that would impinge on 

23 final funding prerogatives. 

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

25 activity for any fiscal year pursuant to this section shall 


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1 be charged to the applicable appropriation, fund, or au2 thorization whenever a regular appropriation bill or a 

3 measure making continuing appropriations until the end 

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

5 activity for such period becomes law. 

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

7 project, or activity during a fiscal year if any other provi8 sion of law (other than an authorization of appropria9 tions)— 

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

11 available, or grants authority for such program, 

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

13 ‘‘(2) specifically provides that no appropriation 

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

15 no authority shall be granted for such program, 

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

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

18 of chapter 13 of title 31, United States Code, is amended 

19 by inserting after the item relating to section 1310 the 

20 following new item: 

‘‘1311. Continuing appropriations.’’. 

Æ 


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