S. 2806Senate119th Congress (2025-2027)Failed

Eliminate Shutdowns Act

Introduced September 15, 2025

AI-Generated Summary

Updated November 23, 2025 at 10:01 PM UTC

The Eliminate Shutdowns Act creates an automatic continuing‑appropriations mechanism to keep federal programs running when Congress fails to pass a full‑year budget. It defines a lapse in appropriations and provides short‑term (14‑day) funding at the prior year’s level, extending as needed until a regular appropriation is enacted. The rule applies to existing programs, limits new spending, and includes modest flexibility for fund transfers. The act becomes effective on September 30, 2025.

Key Provisions

  • Adds a new Section 1311 to Title 31 of the U.S. Code that creates an “automatic continuing appropriations” rule.
  • Defines a “lapse in appropriations” as a period when a full‑year appropriation for a program hasn’t been enacted, the program was funded the prior year, and no continuing appropriation is in effect.
  • If a lapse occurs, the program automatically receives funding at the same rate as the previous year for an initial 14‑day period, with the same 14‑day extensions until a regular appropriation is passed.
  • Funding under this rule is limited to keeping programs running at existing levels; it cannot be used for new grants or to start activities that were prohibited the prior year.
  • Agency heads may transfer up to 5 % of the automatically provided funds to other accounts with OMB approval, but only for higher‑priority items and not for activities Congress specifically barred.
  • The automatic funds are treated as part‑year discretionary appropriations for budget‑control purposes, and reporting deadlines are extended during a lapse.
  • The law takes effect on September 30, 2025.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

6 earlier actions
SenateFloor Latest Action

Motion by Senator Thune to reconsider the vote by which cloture on the motion to proceed to S. 2806 was not invoked (Record Vote No. 533) made in Senate.

September 29, 2025

View full timeline
SenateIntro Referral

Introduced in Senate

September 15, 2025

SenateCalendars

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

September 15, 2025

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 161.

September 16, 2025

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S6799)

September 19, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6799)

September 19, 2025

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 533. (CR S6824-6825)

September 29, 2025

SenateFloor

Motion by Senator Thune to reconsider the vote by which cloture on the motion to proceed to S. 2806 was not invoked (Record Vote No. 533) made in Senate.

September 29, 2025

Floor Debate

8 members

What members said about S. 2806 on the floor

7 Republicans1 Democrat
Rand Paul
Sen. Rand PaulR-KY · Sep 29, 2025

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, this spring, just a few days before Congress enacted the last continuing resolution, which…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 29, 2025

Mr. President, the Senator from Wyoming is a friend of mine, really. And though we may disagree on some political issues, I greatly respect him and am glad to call him a colleague. But we do disagree…

John Cornyn
Sen. John CornynR-TX · Sep 29, 2025

Madam President, I want to begin my remarks this afternoon by reflecting on the tragic shooting at the Dallas ICE Facility that happened this last week. One detainee was killed and two others were…

John Barrasso
Sen. John BarrassoR-WY · Sep 29, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the government is on the verge of a Democrat-caused shutdown, a shutdown of the Government of…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Sep 29, 2025

Madam President, I expect the distinguished minority leader, my friend from New York, will speak possibly after the first vote and report that we are still at an impasse on funding the government,…

Show 7 more
Chuck Grassley
Sen. Chuck GrassleyR-IA · Sep 29, 2025

Mr. President, the Chaplain, in his opening prayer, mentioned something about the shutting down of the government. It would be a good opportunity for me to follow on that and say that it costs money…

John Thune
Sen. John ThuneR-SD · Sep 16, 2025

Mr. President, I understand that there are two bills at the desk due for a second reading en bloc. Mr. President, in order to place the bills on the calendar under the provisions of rule XIV, I would…

John Thune
Sen. John ThuneR-SD · Sep 15, 2025

Mr. President, I understand there are two bills at the desk, and I ask for their first reading en bloc. Mr. President, I now ask for a second reading, and I object to my own request, all en bloc.

Steve Daines
Sen. Steve DainesR-MT · Sep 29, 2025

Madam President, I ask unanimous consent to waive the mandatory quorum calls with respect to the Waltz nomination and Calendar No. 161, S. 2806.

John Barrasso
Sen. John BarrassoR-WY · Sep 29, 2025

The following Senators are necessarily absent: the Senator from Kansas (Mr. Marshall) and the Senator from North Carolina (Mr. Tillis).

John Thune
Sen. John ThuneR-SD · Sep 19, 2025

Madam President, I move to proceed to Calendar No. 161, S. 2806. I send a cloture motion to the desk.

John Thune
Sen. John ThuneR-SD · Sep 29, 2025

Mr. President, I enter a motion to reconsider.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued September 16, 2025

II

Calendar No. 161

119th CONGRESS

1st Session

S. 2806

IN THE SENATE OF THE UNITED STATES

September 15, 2025

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

September 16, 2025

Read the second time and placed on the calendar

A BILL

To provide for automatic continuing appropriations.

1.

Short title

This Act may be cited as the Eliminate Shutdowns Act.

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:

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, under a law other than this section providing full-year continuing appropriations for the preceding fiscal year, 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, 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 under this section 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 during a lapse in appropriations 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)

may be used only to provide funds for items relating to activities necessary for a program, project, or activity that has a higher priority than the programs, projects, or activities carried out using amounts from the accounts from which the funds are transferred; and

(B)

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)

No appropriation of funds made available or authority granted pursuant to this section shall be used to initiate or resume any program, project or activity for which appropriations, funds, or other authority were specifically prohibited during the previous fiscal year under the appropriation Act.

.

(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:

.

3.

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)

Report

If a report under section 254(f) of the Balanced Budget and Emergency 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 the date specified in section 251(a)(1) of such Act (2 U.S.C. 901(a)(1)) or 30 calendar days after the first day of the lapse in appropriations.

4.

Effective date

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

September 16, 2025

Read the second time and placed on the calendar