The End Government Shutdowns Act adds a new mechanism to Title 31 that preserves funding for programs, projects, or activities when regular appropriations haven’t been enacted. It creates a new section (1311) that automates continuing appropriations, basing outlays on a conservative 99% threshold and tying the continuation to prior-year or prior-Act baselines.
Expenditures under this mechanism run until a regular appropriation bill or continuing resolution becomes law. The bill also includes a staged reduction in the funding rate after the initial 30-day window, potentially extending the lapse period into later parts of the fiscal year.
It retains safeguards that funding continued under this mechanism remains subject to the same terms and conditions as the preceding year, and it provides clear exceptions where another law authorizes or prohibits continuation of funding.
At a Glance
What It Does
The bill inserts a new 1311 section that automatically continues funding for programs at up to 99% of prior-year levels if no regular appropriation or continuing resolution is enacted. After a 30-day period, the rate is reduced by 1 percentage point every 30 days.
Who It Affects
Federal agencies, programs, and contractors relying on annual appropriations; grant recipients and beneficiaries of federal funding during lapse periods.
Why It Matters
It creates a predictable funding floor to avoid shutdowns, but at the cost of potential underfunding and reduced policy flexibility if normal appropriations are delayed for long periods.
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What This Bill Actually Does
The End Government Shutdowns Act would change how funding works when Congress does not pass regular appropriations on time. It adds a new provision (1311) that allows agencies to continue operating at a capped level—up to 99% of what they spent under the previous year’s regular appropriation or, if that is not available, the preceding year’s rate under a continuing resolution.
This mechanism would apply during any lapse, until a regular appropriation bill becomes law. The funding is available from the first day of a lapse and remains subject to the same terms and conditions that applied to the prior year’s appropriation.
After the initial 30 days, the law lowers the available funding rate by 1 percentage point every 30 days, potentially extending beyond the current fiscal year. The bill explicitly notes that expenditures under this section are charged to the applicable prior-year appropriation or continuing resolution once the new law or resolution is enacted.
The provision does not apply if another law already authorizes funding or prohibits continuation for a given program. In short, the Act aims to prevent shutdowns by ensuring a minimum, predictable funding flow, while accepting a built-in schedule of gradual reductions and potential underfunding as long as full funding remains unsettled.
The Five Things You Need to Know
The bill creates a new 1311 section to authorize automatic continuing appropriations when regular funding is not enacted.
If no regular appropriation or continuing resolution exists, programs may operate at up to 99% of the prior year’s funding rate.
Funding under this mechanism is available from the first day of a lapse and continues until the regular appropriation becomes law.
After the first 30 days, the funding rate is reduced by 1 percentage point for every 30-day period.
The mechanism includes exemptions if another law specifically authorizes or prohibits continuation of funding.
Section-by-Section Breakdown
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Automatic continuing appropriations when regular funding is not enacted
Creates a new subsection that, during a fiscal year lapse, authorizes automatic funding for programs, projects, or activities at a baseline rate. The baseline can be the regular appropriation rate from the prior year, the rate from the preceding year if the regular Act did not become law, or the rate under the latest continuing resolution or provisions of this Act, capped at 99%.
Funding terms and conditions apply
Funding provided under this automatic mechanism remains subject to the same terms and conditions as the prior year’s appropriation or authority. This means ongoing obligations, restrictions, and reporting requirements carry over, even during lapse funding.
Availability during lapse and transition to law
Expenditures made under this section are charged to the applicable prior-year appropriation or continuing resolution from the lapse start until the regular appropriation becomes law or a new continuing resolution is enacted. The funding period begins with the first day of a lapse and ends when the law is enacted.
Exceptions where the mechanism does not apply
Notwithstanding the automatic continuation, this section does not apply if another provision of law either already provides funding to continue a program or explicitly prohibits continuation. This preserves existing override or denial provisions.
Clerical revision to statutory table
The table of sections in Title 31 is amended to insert 1311 after 1310, reflecting the new continuing appropriations provision and ensuring the statute’s organizational accuracy.
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Explore Government in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Federal program managers and agencies that rely on annual appropriations can maintain operations during a lapse without an immediate shutdown.
- Contractors, grantees, and recipients with active federal awards experience less disruption and payment delays due to ongoing funding at near-historic baseline levels.
- Budget and financial management offices gain a clearer, predictable baseline to plan cross-year obligations and staffing during short-term funding gaps.
- Federal employees in non-discretionary programs avoid abrupt furloughs during short-term lapsed periods, supporting essential services.
- Policy teams can preserve core services and statutory programs while Congress negotiates longer-term funding.
Who Bears the Cost
- Certain programs may receive less funding than full-year requests, especially if the lapse extends beyond 30 days and rate reductions accumulate.
- Agencies must manage reduced funding levels and potential backlogs or delays in new initiatives while continuing essential operations.
- The automatic mechanism may delay the opportunity to reallocate funds toward new priorities until regular appropriations are enacted.
- There is a risk that long lapse periods could underfund critical programs relative to their requested needs.
- Taxpayers and beneficiaries could face longer timelines for policy changes and service expansions if funding remains at reduced levels during protracted negotiations.
Key Issues
The Core Tension
The central tension is between preserving government operations during funding gaps and maintaining fiscal and policy flexibility. The 99% baseline and rolling 30-day reductions safeguard continuity but can lock in outdated levels or underfund new priorities if negotiations drag on. The mechanism reduces the incentive to resolve funding disputes quickly, while also constraining the executive and legislative branches from approving dramatic increases or shifts in funding mid-lapse.
The mechanism creates a safety net to prevent immediate shutdowns, but it encodes a built-in dependency on prior-year baselines that may perpetuate past funding choices and delay reform. Because the rate is capped at 99% and then ratchets down by 1% every 30 days, longer lapses could progressively erode the real purchasing power of the funding, potentially undermining program effectiveness.
The exemption for other laws ensures that where a separate statute already contemplates funding or prohibition, the automatic continuance does not override it. This preserves statutory prioritization while still offering continuity where gaps exist.
Implementers will need to track the timing of lapses, ensure compliance with the 30-day reduction schedule, and reconcile lapse funding with ongoing statutory reporting and audit requirements, particularly for programs with high-cost obligations or mandated funding levels.
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