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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Cybersecurity Act of 
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 
(21 U.S.C. 360j) the following--

``SEC. 520A. CYBERSECURITY FOR DEVICES.

    ``(a) Definitions.--In this section:
            ``(1) Cyber device.--The term `cyber device' means any 
        device that has network or Internet connectivity (such as near 
        field communication (NFC), Bluetooth, or WiFi), connects to an 
        external storage device or external media (such as a universal 
        serial bus (USB) or a compact disk), or has any other cyber 
        capability.
            ``(2) Cybersecurity fix or update.--The term `cybersecurity 
        fix or update' means any modification to a cyber device that 
        addresses a software, firmware, or hardware error or known 
        vulnerability, or a security update, and does not change the 
        therapeutic or diagnostic function of the device.
    ``(b) Transparency of Risk Prior to Marketing.--
            ``(1) Report card.--
                    ``(A) In general.--The Secretary, in coordination 
                with the entities described in subparagraph (B), shall 
                develop a report card for indicating the cybersecurity 
                functions of cyber devices. The report card shall 
                contain the contents described in paragraph (2) and be 
                disclosed in accordance with paragraph (3).
                    ``(B) Coordination.--The entities described in this 
                subparagraph are the following:
                            ``(i) The National Institute of Standards 
                        and Technology.
                            ``(ii) The Secretary of Homeland Security.
                            ``(iii) The National Coordination Office 
                        supporting the Networking and Information 
                        Technology Research and Development Program.
                            ``(iv) The Federal Trade Commission.
                            ``(v) Any other relevant agency, or 
                        cybersecurity or medical device industry group, 
                        as determined by the Secretary.
            ``(2) Contents of report card.--Each report card shall 
        contain each of the following:
                    ``(A) Information pertaining to all essential 
                elements described in the most recent version of the 
                Manufacturer Disclosure Statement for Medical Device 
                Security, as set forth by the Healthcare Information 
                and Management Systems Society and the National 
                Electrical Manufacturers Association.
                    ``(B) A traceability matrix, accepted by the 
                Secretary, that--
                            ``(i) redacts content that is confidential, 
                        as determined by the Secretary; and
                            ``(ii) establishes design components and 
                        traces such components to design compensating 
                        controls.
                    ``(C) A description of any manufacturer 
                compensating controls that--
                            ``(i) effectively address known common 
                        vulnerabilities and exposures; and
                            ``(ii) provide providers with industry 
                        standard compensating controls for improving 
                        cybersecurity.
                    ``(D) A description of--
                            ``(i) any cybersecurity evaluation 
                        conducted on the device, including any testing, 
                        validation, or verification of the device;
                            ``(ii) who conducted such evaluation; and
                            ``(iii) the results of such evaluation.
                    ``(E) A cybersecurity risk assessment conducted by 
                the manufacturer, or a third party, explaining the risk 
                of the device to patient safety and clinical hazards.
                    ``(F) An indication of whether the device is 
                capable of being remotely accessed. If the device is 
                capable of being remotely accessed, an indication of 
                any security measures and access protocols the device 
                has in place to secure such access.
            ``(3) Disclosure of report card.--
                    ``(A) Clearance or approval.--The manufacturer of 
                any cyber device shall include the report card in any 
                notification to the Secretary under section 510(k) or 
                any application for premarket approval under section 
                515(c), as applicable.
                    ``(B) Public accessibility.--
                            ``(i) In general.--The Secretary shall 
                        provide a copy of the report card to any entity 
                        described in clause (ii) that submits a request 
                        for such copy to the Secretary.
                            ``(ii) Entities permitted access.--An 
                        entity described in this clause is--
                                    ``(I) any health care industry 
                                entity, consisting of any provider, 
                                device manufacturer, the Federal 
                                Government, health care information 
                                security researchers, and health care 
                                academia; and
                                    ``(II) any entity determined by the 
                                Secretary to have a valid interest in 
                                the report card.
                    ``(C) Updated report card.--For as long as the 
                cyber device receives technical support from the 
                manufacturer or any other third party authorized by the 
                manufacturer, the manufacturer shall submit to the 
                Secretary an annual update to the report card.
    ``(c) Protecting Remote Access to Managed Solutions.--
            ``(1) In general.--A manufacturer of a cyber device shall:
                    ``(A) In order to remotely access such device after 
                selling, or otherwise transferring ownership of, the 
                device, obtain consent for such access from the 
                provider owning or operating the device and from any 
                patient on which the device is used. Such consent may 
                be in the form of an agreement entered into between the 
                provider and the manufacturer at the time the device is 
                sold to the provider, and may be for the manufacturer 
                to remotely access the device at times specified in 
                such agreement or by an agreement between the 
                manufacturer and provider entered into thereafter. In 
                the case of an agreement described in the previous 
                sentence, consent of the patient may be obtained 
                through the provider notifying the patient of such 
                agreement.
                    ``(B) For any cyber device that the manufacturer 
                may remotely access in accordance with subparagraph 
                (A):
                            ``(i) Notify the provider when the 
                        manufacturer accesses the device remotely, 
                        including the name of the person with such 
                        access, the kinds of tasks that can be 
                        performed through such access, and the software 
                        used to access the device. Such notification 
                        can be in the form of an audit log described in 
                        clause (ii) if the audit log is readily 
                        available to the provider.
                            ``(ii) Maintain an audit log for each time 
                        the manufacturer accesses the device remotely 
                        and make such log accessible to the provider.
                    ``(C) Except as provided in paragraph (2), for any 
                cyber device that has the capability to be accessed 
                remotely by the manufacturer or any other entity:
                            ``(i) Implement multi-factor authentication 
                        for accessing any cyber capability of the 
                        device.
                            ``(ii) Secure data in motion and data at 
                        rest with data encryption, and other best 
                        practices, approved by the National Institute 
                        of Standards and Technology.
                            ``(iii) Install automated tools to track 
                        access, or identify attempts at unauthorized 
                        access, to any cyber capability of the device.
                            ``(iv) Adopt whitelisting approaches and 
                        changeable passwords for accessing any cyber 
                        capability of the device.
                            ``(v) Comply with the remote access 
                        provisions recommended by the National 
                        Institute of Standards and Technology, in the 
                        document entitled `Security for Telecommuting 
                        and Broadband Communications (NIST Special 
                        Publication 800-46)', published in August 2002.
            ``(2) Exceptions.--A manufacturer may submit a petition to 
        the Secretary to exempt a cyber device from any requirement 
        under paragraph (1)(C). The Secretary may grant such an 
        exemption if it determines that the manufacturer can prove the 
        exemption would pose not more than a minimal risk to patient 
        health, minimal risk to privacy, and minimal risk of a cyber 
        vulnerability.
    ``(d) Cybersecurity Fixes or Updates.--
            ``(1) Re-clearance or reapproval.--Unless at the request of 
        the Secretary due to a unique and extenuating circumstance, any 
        cybersecurity fix or update shall not require a new 
        notification under section 510(k) or application for premarket 
        approval under section 515(c).
            ``(2) Free cybersecurity fixes or updates.--A manufacturer 
        of a cyber device shall provide any cybersecurity fix or update 
        to the device free of charge until--
                    ``(A) the date on which any agreement to provide 
                such fixes or updates, entered into between the 
                manufacturer (or a third party authorized by the 
                manufacturer) and a provider, expires; or
                    ``(B) if no agreement described in subparagraph (A) 
                is in effect, the date that is 10 years after the date 
                on which the manufacturer discontinues marketing the 
                device.
    ``(e) End-of-Life Device.--Not later than 90 days after a 
manufacturer declares that it will no longer sell a cyber device, the 
manufacturer of such device shall--
            ``(1) shall provide any provider owning or operating the 
        device with the report card, as most recently updated under 
        subsection (b)(3)(C);
            ``(2) to the extent practicable, inform any provider owning 
        or operating the device that the manufacturer will no longer be 
        manufacturing such device;
            ``(3) provide notice to any provider owning or operating 
        the device of the date on which the last cybersecurity fix or 
        update will be provided by the manufacturer;
            ``(4) notify the Secretary of such declaration; and
            ``(5) provide any provider owning or operating the device 
        with the following information related to the device:
                    ``(A) Compensating controls on how to securely 
                configure the cyber device if the device stays in 
                operation past the date on which the manufacturer stops 
                providing cybsecurity fixes or updates under subsection 
                (d)(2).
                    ``(B) Documentation on secure preparation for 
                recycling and disposal of the device.
                    ``(C) Specific guidance regarding supporting 
                infrastructure architecture, including network 
                segmentation and device isolation requirements.
                    ``(D) Instructions on how to delete any personally 
                identifiable information, protected health information, 
                or other site-specific sensitive data such as 
                configuration files.
    ``(f) Applicability.--This section shall not apply with respect to 
any cyber device for which, prior to the enactment of the Medical 
Device Cybersecurity Act of 2017, a notification was submitted under 
section 510(k), or for which an application for premarket approval was 
submitted under section 515(c).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(eee) The failure to comply with subsection (b), (c), (d), or (e) 
of section 520A.''.
    (c) Expansion of ICS-CERT Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Cyber device.--The term ``cyber device'' has 
                the meaning given the term in section 520A of the 
                Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a).
                    (B) ICS-CERT.--The term ``ICS-CERT'' means the 
                Industrial Control Systems Cyber Emergency Response 
                Team of the National Cybersecurity and Communications 
                Integration Center established under section 227 of the 
                Homeland Security Act of 2002 (6 U.S.C. 148).
                    (C) Under secretary.--The term ``Under Secretary'' 
                means the Under Secretary appointed under section 
                103(a)(1)(H) of the Homeland Security Act of 2002 (6 
                U.S.C. 113(a)(1)(H)).
            (2) Expansion.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall expand the 
        duties and mission of ICS-CERT to include--
                    (A) investigating cybersecurity vulnerabilities of 
                cyber devices that may cause harm to human life or 
                significant misuse of personal health information, as 
                determined necessary by ICS-CERT or at the request of 
                the Under Secretary; and
                    (B) coordinating device-specific responses to 
                cybersecurity incidents and vulnerabilities with 
                respect to cyber devices.
            (3) Consultation.--In carrying out paragraph (2), the Under 
        Secretary shall consult with relevant agencies within the Food 
        and Drug Administration, the Department of Health and Human 
        Services, the National Institute of Standards and Technology, 
        the National Coordination Office for Networking and Information 
        Technology Research and Development, the Federal Trade 
        Commission, and experts in the cybersecurity and medical device 
        industries.
            (4) Coordinated disclosure.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall issue rules relating to the coordinated 
        disclosure of controlled and uncontrolled cybersecurity 
        vulnerabilities of cyber devices, which shall--
                    (A) outline the roles and responsibilities of ICS-
                CERT and manufacturers and providers of cyber devices;
                    (B) provide timelines for all required actions; and
                    (C) provide for the enforcement of cooperation 
                between ICS-CERT and manufacturers and providers of 
                cyber devices.
            (5) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress a report detailing the expanded duties and mission of 
        ICS-CERT under paragraph (2).
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,&nbsp;to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include&nbsp;a report card in any premarket notification or application for premarket approval. The&nbsp;FDA shall provide a copy of a device's report card&nbsp;if requested&nbsp;by a health care industry entity or an entity with a valid interest in the report card.&nbsp; The bill establishes procedures, including notifications to&nbsp;providers and patients,&nbsp;for manufacturers&nbsp;when cyber devices are&nbsp;remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's&nbsp;Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Voice Campaign Finance Reform 
Act of 1997''.

SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN SPENDING.

    (a) Requiring Intermediaries and Conduits To Report on Bundled 
Contributions.--Section 315(a)(8) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(a)(8)) is amended--
            (1) by striking ``(8)'' and inserting ``(8)(A)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) Any person acting as an intermediary or conduit for the 
collection or delivery of contributions on behalf of a candidate shall 
file reports with the Commission (at the same time and in the same 
manner as a political committee which is not an authorized committee of 
a candidate is required to file reports under section 304(a)(4)) on the 
contributions collected or delivered and on related activities 
conducted on the candidate's behalf.''.
    (b) Treatment of Certain Communications as Independent Expenditures 
for Reporting Purposes.--Section 301(17) of such Act (2 U.S.C. 431(17)) 
is amended by striking ``identified candidate'' and inserting the 
following: ``identified candidate, or any payment for any communication 
made during the 90-day period ending on the date of an election which 
includes the name or likeness of a candidate,''.
    (c) Mandatory Electronic Filing for Persons Meeting Certain 
Threshold.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) 
is amended by striking the period at the end and inserting the 
following: ``, except that in the case of any person reporting an 
amount of contributions, expenditures, or disbursements in an amount 
exceeding a threshold established by the Commission, the person shall 
file all reports required under this Act by such electronic means, 
format, or method.''.

SEC. 3. ENHANCING ENFORCEMENT ABILITIES OF FEDERAL ELECTION COMMISSION.

    (a) Permitting FEC To Impose Filing Fee for Reports.--Section 307 
of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d) is amended 
by adding at the end the following new subsection:
    ``(f)(1) The Commission shall require each political committee 
filing a report under this title to include with the report a payment 
(in an amount established by the Commission) if the amount of 
contributions, expenditures, or disbursements covered by the report 
exceeds a threshold established by the Commission.
    ``(2) In establishing the amount of payment required to be included 
with a report under paragraph (1), the Commission shall take into 
account the costs to the Commission which are associated with the 
submission of reports under this title.
    ``(3) The Commission may waive the application of paragraph (1) 
with respect to a political committee if the Commission determines that 
the payment required would result in a financial hardship to the 
committee.
    ``(4) The Commission may charge a nominal fee for the distribution 
of documents to the public.
    ``(5) The amount appropriated to the Commission for a fiscal year 
pursuant to the authorization under section 314 may not be adjusted to 
take into account any amounts anticipated to be received by the 
Commission during the year pursuant to this subsection.''.
    (b) Revised Standard for Referral of Certain Violations to Attorney 
General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437g(a)(5)(C)) is 
amended by striking ``by an affirmative vote of 4 of its members, 
determined that there is probable cause to believe'' and inserting 
``believes''.
    (c) Permitting Random Audits.--Section 311(b) of such Act (2 U.S.C. 
438(b)) is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding paragraph (1), the Commission shall conduct 
random audits of the reports of political committees during the 1-year 
period which begins on the date of a general election, in accordance 
with such criteria as the Commission may establish.''.

SEC. 4. REDUCED BROADCAST RATES FOR CANDIDATES.

    (a) In General.--Section 315(b)(1) of the Communications Act of 
1934 (47 U.S.C. 315(b)(1)) is amended by striking ``the lowest unit 
charge'' and inserting ``the applicable percentage of the lowest unit 
charge''.
    (b) Applicable Percentage Defined.--Section 315(c) of such Act (47 
U.S.C. 315(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the term `applicable percentage' means--
                    ``(A) 70 percent, in the case of a small broadcast 
                station (as determined by the Commission in accordance 
                with ratings, market area analysis, and such other 
                criteria as the Commission may establish), or
                    ``(B) 50 percent, in the case of any other 
                candidate and any other broadcast station.''.

SEC. 5. RESTRICTIONS ON USE OF NON-FEDERAL FUNDS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by adding at the end the following new section:

               ``restrictions on use of non-federal funds

    ``Sec. 323. (a) In General.--Except as provided in subsection (b), 
no funds which are not subject to the limitations and prohibitions of 
this Act may be expended or disbursed by any person for any activity 
which significantly affects an election for Federal office or which 
promotes or identifies (in whole or in part) any candidate for election 
for Federal office, including any get-out-the-vote drive which 
identifies or targets supporters of a candidate for election for 
Federal office, or any voter registration drive or development or 
maintenance of voter files which occurs during an even-numbered year.
    ``(b) Exceptions.--Subsection (a) shall not apply with respect to 
any of the following activities:
            ``(1) The construction, maintenance, or operation of 
        buildings or broadcast facilities for political parties.
            ``(2) State or local political party conventions.
            ``(3) State or local political party administration.
            ``(4) Generic campaign activity to promote a political 
        party.
            ``(5) Any activity which would be described in clause (i), 
        (iii), or (v) of section 301(9)(B) if payment for the activity 
        were an expenditure under such section.''.

SEC. 6. APPOINTMENT AND SERVICE OF MEMBERS OF FEDERAL ELECTION 
              COMMISSION.

    (a) Appointment of Additional, Independent Commissioner.--
            (1) In general.--Section 306(a)(1) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 437c(a)(1)) is amended--
                    (A) by striking ``(a)(1)'' and inserting 
                ``(a)(1)(A)'';
                    (B) in the first sentence, by striking ``6 members 
                appointed by the President,'' and inserting the 
                following: ``7 members appointed by the President, of 
                whom one shall be a political independent nominated for 
                appointment by the other members serving on the 
                Commission,''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(B) In subparagraph (A), the term `political independent' means 
an individual who at no time after January 1992--
            ``(i) has held elective office as a member of the 
        Democratic or Republican party;
            ``(ii) has received any wages or salary from the Democratic 
        or Republican party or from a Democratic or Republican party 
        office-holder or candidate; or
            ``(iii) has provided substantial volunteer services or made 
        any substantial contribution to the Democratic or Republican 
        party or to a Democratic or Republican party office-holder or 
        candidate.''.
            (2) Deadline for initial appointment.--The members of the 
        Federal Election Commission shall provide the President with a 
        nominee for appointment to the Commission under section 
        306(a)(1)(A) of the Federal Election Campaign Act of 1971 (as 
        amended by paragraph (1)) not later than 90 days after the date 
        of the enactment of this Act.
    (b) Limiting Commissioners to Single Term.--Section 306(a)(2)(A) of 
such Act (2 U.S.C. 437c(a)(2)(A)) is amended by striking ``terms'' and 
inserting ``a single term''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring after January 1999.
Public Voice Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to provide for:  (1) intermediaries and conduits to report on bundled contributions in the same time and manner as a political committee which is not an authorized committee of the candidate; (2) certain communications to be treated as independent expenditures; and (3) mandatory electronic filing for persons reporting contributions, expenditures, or disbursements in an amount exceeding a threshold established by the Federal Election Commission. 
(Sec. 3) Directs the Commission to require each political committee filing a report to include with the report a filing fee when the amount of contributions, expenditures, or disbursements covered by the report exceeds a threshold established by the Commission. 
Revises the standard for referral of certain violations to the Attorney General. 
Requires the Commission to conduct random audits of the reports of political committees. 
(Sec. 4) Amends the Communications Act of 1934 to provide for reduced broadcast media rates for candidates. 
(Sec. 5) Amends FECA to set forth restrictions on the use of non-Federal funds. 
(Sec. 6) Revises requirements for the composition of the Commission and terms of Commissioners and replaces them with new requirements, including one that Commissioners serve no more than a single term.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Shutdown Prevention 
Act''.

SEC. 2. AMENDMENT TO TITLE 31.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
    ``(a)(1) If any regular appropriation bill for a fiscal year does 
not become law prior to the beginning of such fiscal year or a joint 
resolution making continuing appropriations is not in effect, there is 
appropriated, out of any moneys in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, such sums as may be necessary to continue any 
project or activity for which funds were provided in the preceding 
fiscal year--
            ``(A) in the corresponding regular appropriation Act for 
        such preceding fiscal year; or
            ``(B) if the corresponding regular appropriation bill for 
        such preceding fiscal year did not become law, then in a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year.
    ``(2) Appropriations and funds made available, and authority 
granted, for a project or activity for any fiscal year pursuant to this 
section shall be at a rate of operations not in excess of 75 percent of 
the lower of--
            ``(A) the rate of operations provided for in the regular 
        appropriation Act providing for such project or activity for 
        the preceding fiscal year,
            ``(B) in the absence of such an Act, the rate of operations 
        provided for such project or activity pursuant to a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year,
            ``(C) the rate of operations provided for in the House or 
        Senate passed appropriation bill for the fiscal year in 
        question, except that the lower of these two versions shall be 
        ignored for any project or activity for which there is a budget 
        request if no funding is provided for that project or activity 
        in either version,
            ``(D) the rate provided in the budget submission of the 
        President under section 1105(a) of title 31, United States 
        Code, for the fiscal year in question, or
            ``(E) the annualized rate of operations provided for in the 
        most recently enacted joint resolution making continuing 
        appropriations for part of that fiscal year or any funding 
        levels established under the provisions of this Act.
    ``(3) Appropriations and funds made available, and authority 
granted, for any fiscal year pursuant to this section for a project or 
activity shall be available for the period beginning with the first day 
of a lapse in appropriations and ending with the earlier of--
            ``(A) the date on which the applicable regular 
        appropriation bill for such fiscal year becomes law (whether or 
        not such law provides for such project or activity) or a 
        continuing resolution making appropriations becomes law, as the 
        case may be, or
            ``(B) the last day of such fiscal year.
    ``(b) An appropriation or funds made available, or authority 
granted, for a project or activity for any fiscal year pursuant to this 
section shall be subject to the terms and conditions imposed with 
respect to the appropriation made or funds made available for the 
preceding fiscal year, or authority granted for such project or 
activity under current law.
    ``(c) Appropriations and funds made available, and authority 
granted, for any project or activity for any fiscal year pursuant to 
this section shall cover all obligations or expenditures incurred for 
such project or activity during the portion of such fiscal year for 
which this section applies to such project or activity.
    ``(d) Expenditures made for a project or activity for any fiscal 
year pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever a regular appropriation 
bill or a joint resolution making continuing appropriations until the 
end of a fiscal year providing for such project or activity for such 
period becomes law.
    ``(e) This section shall not apply to a project or activity during 
a fiscal year if any other provision of law (other than an 
authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or 
        grants authority for such project or activity to continue for 
        such period, or
            ``(2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall 
        be granted for such project or activity to continue for such 
        period.
    ``(f) For purposes of this section, the term `regular appropriation 
bill' means any annual appropriation bill making appropriations, 
otherwise making funds available, or granting authority, for any of the 
following categories of projects and activities:
            ``(1) Agriculture, rural development, and related agencies 
        programs.
            ``(2) The Departments of Commerce, Justice, and State, the 
        judiciary, and related agencies.
            ``(3) The Department of Defense.
            ``(4) The government of the District of Columbia and other 
        activities chargeable in whole or in part against the revenues 
        of the District.
            ``(5) The Departments of Labor, Health and Human Services, 
        and Education, and related agencies.
            ``(6) The Department of Housing and Urban Development, and 
        sundry independent agencies, boards, commissions, corporations, 
        and offices.
            ``(7) Energy and water development.
            ``(8) Foreign assistance and related programs.
            ``(9) The Department of the Interior and related agencies.
            ``(10) Military construction.
            ``(11) The Department of Transportation and related 
        agencies.
            ``(12) The Treasury Department, the U.S. Postal Service, 
        the Executive Office of the President, and certain independent 
        agencies.
            ``(13) The legislative branch.''.
    (b) Clerical Amendment.--The analysis of chapter 13 of title 31, 
United States Code, is amended by inserting after the item relating to 
section 1310 the following new item:

``1311. Continuing appropriations.''.
    (c) Protection of Other Obligations.--Nothing in the amendments 
made by this section shall be construed to effect Government 
obligations mandated by other law, including obligations with respect 
to Social Security, Medicare, and Medicaid.

SEC. 3. EFFECTIVE DATE AND SUNSET.

    (a) Effective Date.--The amendments made by this Act shall apply 
with respect to fiscal years beginning with fiscal year 2003.
    (b) Sunset.--The amendments made by this Act shall sunset and have 
no force or effect 3 years after the date of enactment of this Act.

Government Shutdown Prevention Act - Provides for continuing appropriations for a fiscal year in the absence of regular appropriations, at a level not exceeding 75 percent of the lowest of possible rates of operations found in: (1) the previous fiscal year's appropriations or continuing appropriations acts; (2) the House or Senate passed appropriation bill for the fiscal year in question (except for a project or activity not funded in one such version); (3) the presidential budget submission; or (4) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under this Act.Charges expenditures made under this Act to the applicable appropriation, fund, or authorization when it becomes law.