H.R. 5130

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5130 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5130

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

September 4, 2025

Mr. Arrington 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 of 
2025''.

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.
``(i)(1) Subject to paragraph (2), the head of an agency may, with 
the approval of the Office of Management and Budget, transfer funds 
made available to such agency for an appropriation account pursuant to 
this section to any other appropriation account of such agency.
``(2) Not more than 5 percent of any appropriation account may be 
transferred to another appropriation account under paragraph (1).
``(3) The authority provided by this subsection to transfer 
appropriated funds--
``(A) is in addition to any other transfer authority 
provided elsewhere in this section;
``(B) may be used only to provide funds for items relating 
to activities necessary for a program, project, or activity 
that have a higher priority than the programs, projects, or 
activities carried out using amounts from the accounts from 
which the funds are transferred; and
``(C) may not be used to provide funds for an item for 
which Congress has specifically denied funds.
``(4) The head of an agency executing a transfer under this 
subsection shall promptly notify the Committee on Appropriations of the 
Senate and the Committee on Appropriations of the House of 
Representatives of any transfer of funds to or from any appropriation.
``(j) There shall be an expedited procedure for congressional 
review and adoption of a joint resolution containing anomalies 
transmitted by the President.''.
(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 of 2025), 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 reconciliation bill or resolution 
considered pursuant to section 310 of the 
Congressional Budget Act of 1974 (2 U.S.C. 
641);
(iv) a bill or resolution addressing the 
statutory limit on the public debt under 
section 3101 of title 31, United States Code;
(v) a measure that relates to an emergency 
or disaster declared by the President; or
(vi) 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.

SEC. 5. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on 
September 30, 2025.
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