S. 299 – Government Shutdown Prevention Act of 2023

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Updated January 20, 2026 at 3:14 AM UTC

The Government Shutdown Prevention Act of 2023 amends Title 31 of the U.S. Code to create an automatic continuing appropriations mechanism. If an annual appropriations bill is not enacted, the new Section 1311 provides temporary funding for each program, project, or activity at up to 99% of the previous fiscal year's level, decreasing by 1% every 90 days until a regular appropriations bill is passed. The rule applies to all federal programs unless another law already provides funding or expressly blocks it.

Key Provisions

Adds Sec. 1311 to Chapter 13 of Title 31, establishing automatic continuing appropriations when an appropriation act is missing.
Provides temporary funding at a rate not exceeding 99% of the prior year’s level (or comparable continuing‑resolution level), with a 1% reduction each 90‑day period.
Funding continues from the start of a lapse until a regular appropriations bill or continuing resolution becomes law.
The temporary funds are subject to the same terms and conditions as the prior year’s appropriations.
The provision does not apply if another law already provides or denies funding for the program, and it restricts high‑initial spending and grant awards during the automatic period.

Legislative Activity

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2 earlier actions

SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 13.

February 9, 2023

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SenateIntro Referral

Introduced in Senate

February 7, 2023

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

February 7, 2023

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 13.

February 9, 2023

Floor Debate

2 members

What members said about S. 299 on the floor

2 Democrats

Sen. Tim KaineD-VA · Feb 7, 2023

Mr. President, I understand there is a bill at the desk, and I ask for the first reading. I now ask for a second reading, and in order to place the bill on the calendar under the provisions of rule…

Sen. Gary C. PetersD-MI · Feb 9, 2023

Mr. President, I understand that there is a bill at the desk due for a second reading. In order to place the bill on the calendar under the provisions of rule XIV, I would object to further…

Bill Text

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Placed on Calendar SenateIssued February 9, 2023

II

Calendar No. 13

118th CONGRESS

1st Session

S. 299

IN THE SENATE OF THE UNITED STATES

February 7, 2023

Mr. Paul introduced the following bill; which was read the first time

February 9, 2023

Read the second time and placed on the calendar

A BILL

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

1.

Short title

This Act may be cited as the Government Shutdown Prevention Act of 2023.

2.

Automatic continuing appropriations

(a)

In General

Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section:

1311.

Continuing appropriations

(a)

(1)

On and after the first day 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, at the rate for operations specified in paragraph (2), such sums as may be necessary to continue the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year—

(A)

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

(B)

if the corresponding appropriation bill for such preceding fiscal year did not become law, in a law making continuing appropriations for such preceding fiscal year.

(2)

(A)

Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of—

(i)

99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year;

(ii)

in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a law making continuing appropriations for such preceding fiscal year; or

(iii)

99 percent of the annualized rate of operations provided for in the most recently enacted law making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this section,

for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year.

(B)

If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year.

(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 a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be.

(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)

Notwithstanding any other provision of this section, for those programs, projects, or activities that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of a fiscal year for which funding is made available under this section 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, projects, or activities funded by this section that would impinge on final funding prerogatives.

(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 a regular appropriation bill or a measure making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law.

(e)

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 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.

.

February 9, 2023

Read the second time and placed on the calendar