Eliminate Shutdowns Act
- Sponsor
- Rep. Johnson, Dusty [R-SD-At Large]
- Committees
- Appropriations Committee (primary)
- Last action
- Sep 23, 2025
Bottom line
The 'Eliminate Shutdowns Act' aims to prevent government shutdowns by automatically extending federal funding at prior-year levels in short increments when annual appropriations are not passed on time.
What it actually does
This bill establishes a mechanism for automatic continuing appropriations, ensuring that federal programs and activities continue to receive funding at the previous fiscal year's rate if Congress fails to enact full-year appropriations by the start of a new fiscal year. Funding would be provided in 14-calendar-day increments, preventing government shutdowns. It also includes provisions for transferring a limited percentage of funds between accounts and specifies how these automatic appropriations interact with existing budget enforcement rules.
Proponents argue
Supporters argue that this bill would eliminate the disruptive and costly impacts of government shutdowns on federal employees, essential services, and the economy. They contend it provides stability and predictability, allowing agencies to operate without interruption while Congress continues its appropriations work, thereby protecting critical government functions from political gridlock.
Opponents contend
Opponents might argue that this bill undermines Congress's constitutional 'power of the purse' by removing the urgency and leverage associated with appropriations deadlines. They may contend that it could lead to a 'perpetual continuing resolution' scenario, reducing accountability and the incentive for lawmakers to negotiate and pass comprehensive, forward-looking budgets, potentially entrenching spending levels without proper oversight.
The bill is concise and relatively straightforward, making it accessible for an informed reader to understand its core mechanism within a reasonable timeframe.
Section 2(a), adding 31 U.S.C. 1311(a)
Definitions of Lapse and Preceding Appropriation Act
This section defines 'lapse in appropriations' as a period where a full-year appropriation act is not enacted, but the program was funded previously, and no continuing resolution is in effect. It also defines 'preceding applicable appropriation Act' as the most recent continuing appropriation or the most recent full-year appropriation from the prior fiscal year, excluding supplemental acts.
Supporters argue
Proponents argue that clear definitions are essential for the smooth and unambiguous implementation of automatic continuing appropriations, preventing legal challenges or confusion regarding when the mechanism should activate.
Critics contend
No specific opposition is typically raised against definitional provisions, as they are foundational for legislative clarity, though critics of the overall bill might view them as enabling an undesirable process.
Tradeoffs
Ensuring clarity in definitions to prevent operational ambiguity versus the broader debate on the merits of automatic funding mechanisms.
Section 2(a), adding 31 U.S.C. 1311(b)(1)-(2)
Automatic 14-Day Continuing Appropriations
This provision mandates that if a lapse in appropriations occurs, necessary sums are automatically appropriated for continuing programs at the rate of operations from the preceding applicable appropriation acts. This funding is provided for 14-calendar-day periods and automatically extends for additional 14-day periods if the lapse continues.
Section 2(a), adding 31 U.S.C. 1311(b)(3)
Special Rules for Entitlements and Mandatory Payments
For entitlements and other mandatory payments, including activities under the Food and Nutrition Act of 2008, this provision specifies that appropriations made available during a lapse will be at the rate necessary to maintain program levels under current law. This ensures that these critical programs are not disrupted by the 14-day increment structure.
Section 2(a), adding 31 U.S.C. 1311(i)
Limited Agency Transfer Authority
This subsection allows agency heads, with OMB approval, to transfer up to 5 percent of an appropriation account's funds to another appropriation account within the same agency. This authority is limited to high-priority activities and cannot be used for items Congress has specifically denied funding. Agencies must promptly notify the House and Senate Appropriations Committees of any transfers.
Section 3
Budgetary Effects and Enforcement
This section specifies how the automatic continuing appropriations will be treated under existing budget law, particularly the Balanced Budget and Emergency Deficit Control Act of 1985. It classifies the budgetary effects as discretionary appropriations, considers them as continuing appropriations for baseline calculations, and treats them as part-year appropriations for enforcing discretionary spending limits. It also adjusts the due date for certain budget reports during a lapse.
Prohibits high initial rates of operation or complete distribution of appropriations for programs that distribute funding to States, foreign countries, or grantees at the beginning of the fiscal year. It also prohibits awarding grants that would 'impinge on final funding prerogatives.'
Section 2(a), adding 31 U.S.C. 1311(f)
Why it matters:This is standard legislative practice to prevent agencies from front-loading spending or making irreversible commitments under a continuing resolution, which could preempt Congress's final decisions in a full appropriations bill. It's a technical safeguard.
Case for: This provision is crucial for maintaining congressional control over appropriations. Without it, agencies could use automatic funding to commit funds in ways that undermine the eventual full-year appropriations bill, effectively circumventing legislative intent.
Case against: No direct case against this provision, as it is a standard and generally accepted safeguard in continuing resolutions. However, some might argue that it could temporarily delay critical funding to states or grantees, even if the intent is to preserve congressional prerogative.
Estimated impact: Prevents potentially billions in early-year commitments or distributions across various federal programs, ensuring that final funding decisions remain with Congress.
States that no funds made available or authority granted under 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.
Section 2(a), adding 31 U.S.C. 1311(j)
Why it matters:This is a standard legislative 'guardrail' to prevent agencies from using continuing resolutions to revive programs or activities that Congress explicitly defunded or prohibited in the prior year. It's a technical but important check on executive power.
Case for: This provision is essential for upholding congressional intent and preventing agencies from circumventing specific legislative prohibitions. It ensures that automatic funding does not inadvertently override prior policy decisions.
Case against: No direct case against this provision, as it is a fundamental principle of congressional oversight that agencies should not fund activities explicitly prohibited by law. Critics of the overall bill might argue that the automatic nature of funding could still lead to less scrutiny of such prohibitions.
Estimated impact: Prevents agencies from initiating or resuming an unspecified number of programs or activities that Congress had previously deemed unworthy of funding, thereby preserving legislative control over policy and spending.