H.R. 5552 — Eliminate Shutdowns Act

This section establishes automatic continuing appropriations under a new 31 U.S.C. §1311 for federal programs, projects, and activities (including direct loans and loan guarantees) during a lapse in appropriations—defined as the absence of a full-year appropriation Act for the current fiscal year when funding was provided in the preceding applicable appropriation Act (i.e., the most recent continuing resolution or prior fiscal year's full-year Act) and no continuing resolution is in effect. The provision appropriates funds at the rate for operations under the preceding Act's authorities and conditions, initially for 14 calendar days beginning on the first day of the lapse and extending in additional 14-day periods if the lapse continues, until enactment of a full-year or continuing appropriation Act for the account. (For entitlements, mandatory payments provided in prior Acts or current law, and activities under the Food and Nutrition Act of 2008, funding is at the rate necessary to maintain program levels under current law.) It further (1) charges expenditures to any subsequently enacted appropriation; (2) disregards certain apportionment timelines under 31 U.S.C. §1513 but preserves other requirements; (3) prohibits high initial distributions or grants for programs that typically obligate funds rapidly at fiscal year start; (4) requires the most limited funding actions necessary; (5) excludes programs where other law provides funding or specifically prohibits it during the lapse; and (6) authorizes agency heads, with Office of Management and Budget approval, to transfer up to 5% of funds between agency appropriation accounts. (As background, such automatic funding prevents government shutdowns by providing short-term authority without congressional action during annual appropriations delays.)

This section classifies the budgetary effects of this Act as discretionary appropriations for purposes of enforcing discretionary spending limits and sequestration under §251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA; 2 U.S.C. 901). (As background, BBEDCA establishes annual caps on discretionary spending enforced by sequestration—automatic, uniform cuts across non-exempt accounts—if caps are breached.) It further (1) treats budgetary resources provided under new 31 U.S.C. §1311 as continuing appropriations for less than the entire current year when calculating BBEDCA baselines; and (2) treats such resources as part-year appropriations for sequestration calculations under BBEDCA §251(a)(4), which adjusts cuts for accounts with partial-year funding. Finally, this section delays any required BBEDCA sequestration preview report until the later of its standard due date or 30 calendar days after an appropriations lapse begins.