119-hr5870

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5870 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5870

To provide for a period of continuing appropriations in the event of a 
 lapse in appropriations under the normal appropriations process, to 
 establish procedures and consequences in the event of a failure to 
 enact appropriations, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 October 31, 2025

Mr. Arrington (for himself, Mr. Panetta, Mr. Peters, Mr. Huizenga, Mrs. 
 Miller-Meeks, Mr. Miller of Ohio, Mr. Nunn of Iowa, and Ms. Salazar) 
 introduced the following bill; which was referred to the Committee on 
 Appropriations, and in addition to the Committees on Rules, House 
Administration, Oversight and Government Reform, and the Budget, 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, to 
 establish procedures and consequences in the event of a failure to 
 enact appropriations, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Prevent Government Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.

    (a) In General.--Subchapter I of chapter 13 of title 31, United 
States Code, is amended by adding at the end the following:
``

Sec. 1311. Automatic continuing appropriations
 ``

    (a) For purposes of this section--
 ``

    (1) the term `lapse in appropriations' means a time 
 period during which--
 ``
        (A) the applicable full-year appropriation Act 
 for a program, project, or activity has not been 
 enacted for the current fiscal year;
 ``
        (B) the program, project, or activity was 
 provided funding in the preceding applicable 
 appropriation Act; and
 ``
            (C) no continuing appropriation Act is in effect 
 for such program, project, or activity; and
 ``

    (2) the term `preceding applicable appropriation Act' 
 means--
 ``
        (A) the most recent continuing appropriation Act 
 enacted; or
 ``
        (B) if no continuing appropriation Act has been 
 enacted for the current fiscal year, the most recent 
 applicable full-year appropriation Act (including a 
 full-year continuing appropriation Act) enacted for the 
 immediately preceding fiscal year (excluding any 
 supplemental appropriation Act).
 ``

    (b)

    (1) On and after the first day of each fiscal year, if a lapse 
in appropriations occurs with respect to a program, project, or 
activity, there are appropriated such sums as may be necessary, at the 
rate for operations as provided in the preceding applicable 
appropriation Acts, under the authorities and conditions provided in 
such Acts, for continuing programs, projects, or activities (including 
the costs of direct loans and loan guarantees) that were conducted 
under such Acts and for which appropriations, funds, or other 
authorities were made available in such Acts.
 ``

    (2)
        (A) Appropriations and funds made available and authority 
granted under paragraph

    (1) shall be available for a period of 14 
calendar days.
 ``
        (B) If, at the end of the first 14 calendar-day period during 
which appropriations and funds are made available and authority is 
granted under paragraph

    (1) , and the end of every 14 calendar-day 
period thereafter, a lapse in appropriations with respect to a program, 
project, or activity continues, the appropriations and funds made 
available and authority granted under paragraph

    (1) with respect to the 
program, project, or activity shall be extended for an additional 14 
calendar-day period.
 ``

    (3) For entitlements and other mandatory payments whose budget 
authority was provided for in preceding applicable appropriation Acts 
or under this section, and for activities under the Food and Nutrition 
Act of 2008, appropriations and funds made available for a fiscal year 
under paragraph

    (1) shall be at the rate necessary to maintain program 
levels under current law, and under the authority and conditions 
provided in the preceding applicable appropriation Act.
 ``
            (c) Appropriations and funds made available, and authority 
granted, for any fiscal year pursuant to this section for a program, 
project, or activity shall be available, in accordance with subsection

    (b) , for the period--
 ``

    (1) beginning on the first day of any lapse in 
 appropriations during such fiscal year; and
 ``

    (2) ending on the date of enactment of an appropriation 
 Act for such fiscal year with respect to the account for such 
 program, project, or activity (whether or not such Act provides 
 appropriations for such program, project, or activity) or a 
 continuing appropriation Act providing funding for the program, 
 project, or activity, as applicable.
 ``
            (d) Expenditures made for a program, project, or activity for any 
fiscal year pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever an appropriation Act for 
such fiscal year with respect to the account for a program, project, or 
activity or a law making continuing appropriations until the end of 
such fiscal year for such program, project, or activity is enacted.
 ``

    (e) Appropriations and funds made available by, or authority 
granted pursuant to, this section may be used without regard to the 
time limitations for submission and approval of apportionments set 
forth in 

section 1513 of this title, but nothing in this section shall 
be construed to waive any other provision of law governing the 
apportionment of funds.
 ``

    (f) Notwithstanding any other provision of this section, except 
for subsection
            (c) , for those programs that would otherwise have high 
initial rates of operation or complete distribution of appropriations 
at the beginning of the applicable fiscal year because of distributions 
of funding to States, foreign countries, grantees, or others, such high 
initial rates of operation or complete distribution shall not be made, 
and no grants shall be awarded for such programs funded by this section 
that would impinge on final funding prerogatives.
 ``

    (g) This section shall be implemented so that only the most 
limited funding action of that permitted shall be taken in order to 
provide for continuation of programs, projects, and activities.
 ``

    (h) This section shall not apply to a program, project, or 
activity for any period during a fiscal year, if any other provision of 
law (other than an authorization of appropriations or an appropriation 
Act for a prior fiscal year making carryover funds available)--
 ``

    (1) makes an appropriation, makes funds available, or 
 grants authority for such program, 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 program, project, or activity to continue 
 for such period.''.

    (b) Clerical Amendment.--The table of sections for chapter 13 of 
title 31, United States Code, is amended by inserting after the item 
relating to 

section 1310 the following:

``1311. Automatic continuing appropriations.''.

SEC. 3. TIMELY ENACTMENT OF APPROPRIATION ACTS.

    (a) 

=== Definitions. ===
-In this section--

    (1) the term ``covered officer or employee'' means--
        (A) an officer or employee of the Office of 
 Management and Budget;
        (B) a Member of Congress; or
            (C) an employee of the personal office of a Member 
 of Congress, a committee of either House of Congress, 
 or a joint committee of Congress;

    (2) the term ``covered period''--
        (A) means any period of automatic continuing 
 appropriations; and
        (B) with respect to the legislative branch--
            (i) does not include any period of 
 automatic continuing appropriations that occurs 
 during the period--
            (I) beginning at the time at which 
 general appropriation Acts providing 
 funding for the entire Federal 
 Government (including a continuing 
 appropriation Act) have been enacted or 
 passed in identical form by both Houses 
 and transmitted to Secretary of the 
 Senate or Clerk of the House for 
 enrollment and presentment to the 
 President for his signature; and
            (II) ending at the time at which 1 
 or more general appropriation Acts--

    (aa) are vetoed by the 
 President; or

    (bb) do not become law 
 without the President's 
 signature under article I, 
 

section 7 of the Constitution 
 of the United States based on 
 an adjournment of the Congress; 
 and
            (ii) includes any period of automatic 
 continuing appropriations that is not a period 
 described in clause
            (i) and that follows a veto 
 or a failure to become law (as described in 
 item

    (bb) of clause
            (i) 
            (II) ) of 1 or more 
 general appropriation Acts;

    (3) the term ``Member of Congress'' has the meaning given 
 that term in 

section 2106 of title 5, United States Code;

    (4) the term ``National Capital Region'' has the meaning 
 given that term in 

section 8702 of title 40, United States 
 Code; and

    (5) the term ``period of automatic continuing 
 appropriations'' means a period during which automatic 
 continuing appropriations under 

section 1311 of title 31, 
 United States Code, as added by 

section 2 of this Act, are in 
 effect with respect to 1 or more programs, projects, or 
 activities.

    (b) Limits on Travel Expenditures.--

    (1) Limits on official travel.--
        (A) Limitation.--Except as provided in subparagraph
        (B) , no amounts may be obligated or expended for 
 official travel by a covered officer or employee during 
 a covered period.
        (B) Exceptions.--
            (i) Return to dc.--If a covered officer or 
 employee is away from the seat of Government on 
 the date on which a covered period begins, 
 funds may be obligated and expended for 
 official travel for a single return trip to the 
 seat of Government by the covered officer or 
 employee.
            (ii) Travel in national capital region.--
 During a covered period, amounts may be 
 obligated and expended for official travel by a 
 covered officer or employee from one location 
 in the National Capital Region to another 
 location in the National Capital Region.
            (iii) National security events.--During a 
 covered period, if a national security event 
 that triggers a continuity of operations or 
 continuity of Government protocol occurs, 
 amounts may be obligated and expended for 
 official travel by a covered officer or 
 employee for any official travel relating to 
 responding to the national security event or 
 implementing the continuity of operations or 
 continuity of Government protocol.

    (2) Restriction on use of campaign funds.--

Section 313 of 
 the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is 
 amended--
        (A) in subsection

    (a)

    (2) , by striking ``for 
 ordinary'' and inserting ``except as provided in 
 subsection
            (d) , for ordinary''; and
        (B) by adding at the end the following:
 ``
            (d) Restriction on Use of Campaign Funds for Official Travel 
During Automatic Continuing Appropriations.--
 ``

    (1) In general.--Except as provided in paragraph

    (2) , 
 during a covered period (as defined in 

section 3 of the Prevent 
 Government Shutdowns Act), a contribution or donation described 
 in subsection

    (a) may not be obligated or expended for travel 
 in connection with duties of the individual as a holder of 
 Federal office.
 ``

    (2) Return to dc.--If the individual is away from the 
 seat of Government on the date on which a covered period (as so 
 defined) begins, a contribution or donation described in 
 subsection

    (a) may be obligated and expended for travel by the 
 individual to return to the seat of Government.''.
            (c) Procedures in the Senate and House of Representatives.--

    (1) In general.--During a covered period, in the Senate and 
 the House of Representatives--
        (A) it shall not be in order to move to proceed to 
 any matter except for--
            (i) a measure making appropriations for the 
 fiscal year during which the covered period 
 begins;
            (ii) any motion required to determine the 
 presence of or produce a quorum;
            (iii) a bill or resolution addressing the 
 statutory limit on the public debt under 
 

section 3101 of title 31, United States Code; 
 or
            (iv) on and after the 30th calendar day 
 after the first day of a covered period--
            (I) the nomination of an 
 individual--

    (aa) to a position at level 
 I of the Executive Schedule 
 under 

section 5312 of title 5, 
 United States Code; or

    (bb) to serve as Chief 
 Justice of the United States or 
 an Associate Justice of the 
 Supreme Court of the United 
 States; or
            (II) a measure extending the period 
 during which a program, project, or 
 activity is authorized to be carried 
 out (without substantive change to the 
 program, project, or activity or any 
 other program, project, or activity) 
 if--

    (aa) an appropriation Act 
 with respect to the program, 
 project, or activity for the 
 fiscal year during which the 
 covered period occurs has not 
 been enacted; and

    (bb) the program, project, 
 or activity has expired since 
 the beginning of such fiscal 
 year or will expire during the 
 30-day period beginning on the 
 date of the motion;
        (B) it shall not be in order to move to recess or 
 adjourn for a period of more than 23 hours; and
            (C) at noon each day, or immediately following any 
 constructive convening of the Senate under rule IV, 
 paragraph 2 of the Standing Rules of the Senate, the 
 Presiding Officer shall direct the clerk to determine 
 whether a quorum is present.

    (2) Waiver.--
        (A) Limitation on period.--It shall not be in order 
 in the Senate or the House of Representatives to move 
 to waive any provision of paragraph

    (1) for a period 
 that is longer than 7 days.
        (B) Supermajority vote.--A provision of paragraph

    (1) may only be waived or suspended upon an affirmative 
 vote of two-thirds of the Members of the applicable 
 House of Congress, duly chosen and sworn.

SEC. 4. BUDGETARY EFFECTS.

    (a) Classification of Budgetary Effects.--The budgetary effects of 
this Act and the amendments made by this Act shall be estimated as if 
this Act and the amendments made by this Act are discretionary 
appropriation Acts for purposes of 

section 251 of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901).

    (b) Baseline.--For purposes of calculating the baseline under 

section 257 of the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 907), the provision of budgetary resources under 

section 1311 of title 31, United States Code, as added by this Act, for an 
account shall be considered to be a continuing appropriation in effect 
for such account for less than the entire current year.
            (c) Enforcement of Discretionary Spending Limits.--

    (1) In general.--For purposes of enforcing the 
 discretionary spending limits under 

section 251

    (a) of the 
 Balanced Budget and Emergency Deficit Control Act of 1985 (2 
 U.S.C. 901

    (a) ), the budgetary resources made available under 
 

section 1311 of title 31, United States Code, as added by this 
 Act, shall be considered part-year appropriations for purposes 
 of 

section 251

    (a)

    (4) of the Balanced Budget and Emergency 
 Deficit Control Act of 1985 (2 U.S.C. 901

    (a)

    (4) ).

    (2) Application.--If a report under 

section 254

    (f) of the 
 Balanced Budget and Deficit Control Act of 1985 (2 U.S.C. 
 904

    (f) ) is required during a lapse in appropriations, the due 
 date of such report shall be the later of--
        (A) the date specified in 

section 251

    (a)

    (1) of such 
 Act (2 U.S.C. 901

    (a)

    (1) ); or
        (B) the date that is 30 calendar days after the 
 first day of the lapse in appropriations.
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