S. 2729 – End Shutdowns Act

AI-Generated Summary

Updated January 20, 2026 at 11:10 AM UTC

The End Shutdowns Act creates an automatic continuing‑appropriations mechanism that kicks in on October 1 if the regular appropriations bill for a program has not been enacted. It funds each program at the same level it received the prior fiscal year and keeps those funds in place until a regular or continuing appropriations measure is passed. The bill also bars the Senate from considering any other legislation until appropriations are enacted, except for emergency measures related to loss of life, property, terrorism, or national security. It applies to all federal programs, projects, and activities unless another law already provides a different continuation rule.

Key Provisions

If no regular appropriations are enacted by Oct 1, the law automatically provides continuing funds for each program at the prior‑year operating rate.
The Senate may not move to any other business, including privileged matters, while such continuing appropriations are in effect, unless the majority and minority leaders agree to consider emergency legislation.
‘Emergency’ is defined as actions to prevent or mitigate loss of life or property, acts of terror, or threats to national security.
The automatic continuing appropriations continue until a regular appropriations act or a law making continuing appropriations for that program is enacted.
The rule cannot be waived or suspended by the Senate and does not apply where another law already provides continuation or expressly prohibits it.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Appropriations. (Sponsor introductory remarks on measure: CR S4230)

Appropriations Committee

September 6, 2023

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SenateIntro Referral

Introduced in Senate

September 6, 2023

SenateIntro Referral

Read twice and referred to the Committee on Appropriations. (Sponsor introductory remarks on measure: CR S4230)

Appropriations Committee

September 6, 2023

Floor Debate

2 members

What members said about S. 2729 on the floor

2 Democrats

Sen. Tim KaineD-VA · Sep 6, 2023

Madam President, today I want to discuss legislation I am introducing, the End Shutdown Act. When Congress is unable to come to an agreement about government funding, Federal employees, government…

Madam President, today I want to discuss legislation I am introducing, the End Shutdown Act.

When Congress is unable to come to an agreement about government funding, Federal employees, government contractors, and Americans who depend on critical government services all suffer the consequences of using government shutdowns as a negotiating tactic. This bill prevents government shutdowns by initiating an automatic continuing resolution on October 1 if no appropriations bill is passed by that date and stops Congress from considering any nonemergency legislation until it reaches a long-term spending deal.

For Federal employees who are forced to go without a paycheck through no fault of their own during a government shutdown, furlough can mean falling behind on mortgage, rent, or student loan payments and uncertainty about how to put food on the table for their families. I am glad my colleagues and I were able to guarantee backpay for all Federal employees in 2019, but the potential for prolonged shutdowns continues to threaten families' budgets and local economies. Virginia is home to more than 170,000 Federal employees and tens of thousands of Federal contractors. They are not a bargaining chip to be played in these negotiations.

Government shutdowns disproportionately harm Virginia's economy, but over 80 percent of Federal workers live and work outside of the DC area. Shutdowns inflict pain on communities across the Nation, as they disrupt Federal contracts and loans to small businesses, complicate supply chains, and stall the release of data business owners need to make decisions.

Further, government shutdowns halt the essential services that furloughed employees are unable to provide, from food inspection services to passport renewals and Social Security card replacement. Over the past two decades, government shutdowns have put some of our most essential programs like Medicare, SNAP, TANF, and WIC in jeopardy. Using government shutdowns as a negotiating tactic has the potential to inflict senseless pain on millions of Americans who rely on these and other Federal programs.

By ending the threat of government shutdowns, Congress can ensure no one can ever again hold public servants and critical programs hostage by using a shutdown as a negotiating tactic. I encourage my colleagues to support this common-sense proposal that is needed for both the American people and the Federal employees across the country on whom we rely.

Sen. Tim KaineD-VA · Sep 6, 2023

Madam President, today I want to discuss legislation I am introducing, the End Shutdown Act. When Congress is unable to come to an agreement about government funding, Federal employees, government…

Madam President, today I want to discuss legislation I am introducing, the End Shutdown Act.

When Congress is unable to come to an agreement about government funding, Federal employees, government contractors, and Americans who depend on critical government services all suffer the consequences of using government shutdowns as a negotiating tactic. This bill prevents government shutdowns by initiating an automatic continuing resolution on October 1 if no appropriations bill is passed by that date and stops Congress from considering any nonemergency legislation until it reaches a long-term spending deal.

For Federal employees who are forced to go without a paycheck through no fault of their own during a government shutdown, furlough can mean falling behind on mortgage, rent, or student loan payments and uncertainty about how to put food on the table for their families. I am glad my colleagues and I were able to guarantee backpay for all Federal employees in 2019, but the potential for prolonged shutdowns continues to threaten families' budgets and local economies. Virginia is home to more than 170,000 Federal employees and tens of thousands of Federal contractors. They are not a bargaining chip to be played in these negotiations.

Government shutdowns disproportionately harm Virginia's economy, but over 80 percent of Federal workers live and work outside of the DC area. Shutdowns inflict pain on communities across the Nation, as they disrupt Federal contracts and loans to small businesses, complicate supply chains, and stall the release of data business owners need to make decisions.

Further, government shutdowns halt the essential services that furloughed employees are unable to provide, from food inspection services to passport renewals and Social Security card replacement. Over the past two decades, government shutdowns have put some of our most essential programs like Medicare, SNAP, TANF, and WIC in jeopardy. Using government shutdowns as a negotiating tactic has the potential to inflict senseless pain on millions of Americans who rely on these and other Federal programs.

By ending the threat of government shutdowns, Congress can ensure no one can ever again hold public servants and critical programs hostage by using a shutdown as a negotiating tactic. I encourage my colleagues to support this common-sense proposal that is needed for both the American people and the Federal employees across the country on whom we rely.

Sen. Richard J. DurbinD-IL · Sep 6, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued September 6, 2023

II

118th CONGRESS

1st Session

S. 2729

IN THE SENATE OF THE UNITED STATES

September 6, 2023

Mr. Kaine introduced the following bill; which was read twice and referred to the Committee on Appropriations

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 Senate if appropriations are not enacted.

1.

Short title

This Act may be cited as the End Shutdowns Act.

2.

Automatic continuing appropriations; requirement to consider appropriations measures

(a)

In General

Chapter 13 of title 31, United States Code, is amended by adding at the end the following:

1311.

Automatic continuing appropriations; requirement to consider appropriations measures

(a)

(1)

(A)

On and after October 1 of each fiscal year, if an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity, there are appropriated such sums as may be necessary to continue, at the rate for operations specified in subparagraph (B), the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year.

(B)

The rate for operations specified in this subparagraph with respect to a program, project, or activity is the rate for operations for the preceding fiscal year for the program, project, or activity—

(i)

provided in the corresponding appropriation Act for such preceding fiscal year;

(ii)

if the corresponding appropriation bill for such preceding fiscal year was not enacted, provided in the law providing continuing appropriations for such preceding fiscal year; or

(iii)

if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted, provided under this section for such preceding fiscal year.

(2)

(A)

On and after October 1 of each fiscal year, if continuing appropriations for such fiscal year are in effect under paragraph (1) for any program, project, or activity, except as provided in subparagraph (B), it shall not be in order in the Senate to move to proceed to any matter, including any privileged matter, other than a measure making regular or continuing appropriations for such fiscal year.

(B)

(i)

During a period described in subparagraph (A), it shall be in order to move to proceed to legislation determined by the majority leader, with the concurrence of the minority leader, to be emergency legislation.

(ii)

For purposes of clause (i), the term emergency means a situation that is related to the prevention or mitigation of, or response to, loss of life or property, an act of terror, or a threat to national security.

(C)

This paragraph may not be waived or suspended in the Senate.

(D)

This paragraph is enacted—

(i)

as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate during a period described in subparagraph (A); and

(ii)

with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

(3)

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 for the period beginning with the first day of any lapse in appropriations during such fiscal year and ending with the date on which the applicable regular appropriation bill for such fiscal year is enacted (whether or not such law provides appropriations for such program, project, or activity) or a law making continuing appropriations for the program, project, or activity is enacted, as the case may be.

(4)

Notwithstanding section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) and the timetable in section 254(a) of such Act (2 U.S.C. 904(a)), for any fiscal year for which appropriations and funds are made available under this section, the final sequestration report for such fiscal year pursuant to section 254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any order for such fiscal year pursuant to section 254(f)(5) of such Act (2 U.S.C. 901(f)(5)) shall be issued—

(A)

for the Congressional Budget Office, 10 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted; and

(B)

for the Office of Management and Budget, 15 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted.

(b)

An appropriation or funds made available, or authority granted, for a program, 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 program, project, or activity under current law.

(c)

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 a regular appropriation Act, or a law making continuing appropriations until the end of such fiscal year, for such program, project, or activity is enacted.

(d)

This section shall not apply to a program, 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 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 adding at the end the following:

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

.