As the possibility of yet another government shutdown looms, legislation has been introduced to eliminate government shutdowns entirely.
The Eliminate Shutdowns Act would establish an automatic continuing resolution process to ensure they do not happen. It was introduced in the House (H.R. 5552) by Congressman Dusty Johnson (R-SD) and in the Senate (S. 2806) by Senator Ron Johnson (R-WI).
Provisions of the Eliminate Shutdowns Act
These are the key provisions of the legislation:
Automatic Continuing Resolution (CR)
- If a lapse in appropriations occurs, the bill triggers an automatic 14-day continuing resolution (CR) to continue funding at the previous year’s levels.
- This auto-CR renews every 14 days until Congress passes a new appropriations bill or CR.
Coverage Scope
- Applies to all programs, projects, and activities funded in the preceding appropriations act.
- Includes direct loans and loan guarantees.
Mandatory Programs
- Entitlement and other mandatory programs continue to receive funding at levels necessary to maintain current law or prior appropriations.
Transfer Authority
- During an auto-CR period, agency heads (with OMB approval) may transfer up to 5% of funds from one appropriation account to another appropriation account.
- Transfers must prioritize higher-need programs and require notification to congressional appropriations committees.
OMB Role
- The Office of Management and Budget retains apportionment authority during auto-CR periods.
Political Drama of Government Shutdowns
Government shutdowns did not exist before 1980, and since being created, they have become used as a political weapon by both parties. In addition to creating a great deal of drama, it also puts federal employees in the middle who have to deal with the effects of having their jobs and paychecks disrupted by the process.
The stakes may be even higher this time for federal employees since the Trump administration put RIFs on the table in the event of a partial government shutdown.
Both political parties are taking full advantage of the possible shutdown for political leverage. The Wall Street Journal described the current standoff this way:
Republicans are seeking a seven-week extension in federal funding at current levels, and they have dismissed Democrats’ demands for hundreds of billions of dollars in healthcare spending. In a move to raise the political pressure, President Trump’s budget chief late Wednesday vowed to use any lapse in funding to make deeper cuts in the federal workforce, a threat Democrats rejected as blackmail.
Democrats see the funding deadline as a rare opportunity to shape legislation, and the party’s base voters are desperate for elected representatives to show more fight after months of demoralizing defeats. Republicans are loath to offer any concessions, putting both parties on a collision course ahead of the Oct. 1 deadline.
Congressman Johnson said in a statement, “Shutdowns are stupid, and everyone knows it. I was sent to Congress to make sure the government serves South Dakotans – it can’t possibly serve South Dakota if it is closed. Almost every other country does not face the threat of a government shutdown. The Eliminate Shutdowns Act will keep the government open, so it can work for you, while encouraging Congress to pass new funding packages.”
This is not the first time this type of legislation has been introduced. Senator Johnson has been pushing for this type of legislation since 2019. In 2023, he discussed a previous version of the bill: “For years, I’ve been advocating for the bipartisan Prevent Government Shutdowns Act, which would eliminate the threat of a government shutdown. What could be more commonsense and reasonable than that?”
These types of bills have historically had bipartisan support. Bills introduced in 2019 for example came from lawmakers in both parties.
Critics, however, argue that automatic continuing resolutions are problematic. For example, the Center on Budget and Policy Priorities said in a 2019 article that among the problems of automatic CRs is that they would extend funding without Congressional or Presidential action, prolonging budgetary uncertainty and potentially overfunding outdated priorities, and also strengthen the hand of those advocating for reduced government spending.
It seems doubtful that this type of legislation will ever pass given the past failed attempts and also because of the political incentives created by government shutdowns; lawmakers can use them as leverage as they are in the current standoff, with each party inevitably blaming the other when they occur.
