I

104TH CONGRESS

2D SESSION H. R. 2965

To amend title 31, United States Code, to provide an automatic continuing

appropriation for the United States Government.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1996

Mr. KLECZKA introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States

Government.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTOMATIC CONTINUING RESOLUTION.

4 Chapter 13 of title 31, United States Code, is amend5 ed by inserting after section 1310 the following new sec6 tion:

7 ‘‘§ 1311. Continuing appropriations

8 ‘‘(a)(1) If any regular appropriation bill or continuing

9 resolution for a fiscal year does not become law before the

10 beginning of such fiscal year, there is appropriated, out
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1 of any moneys in the Treasury not otherwise appropriated,

2 and out of applicable corporate or other revenues, receipts,

3 and funds, such sums as may be necessary to continue

4 any project or activity for which funds were provided in

5 the preceding fiscal year—

6 ‘‘(A) in the corresponding regular appropriation

7 Act or continuing resolution for such preceding fiscal

8 year; or

9 ‘‘(B) if the corresponding regular appropriation

10 bill or continuing resolution for such preceding fiscal

11 year did not become law, then pursuant to this sec12 tion.

13 ‘‘(2) Appropriations and funds made available, and

14 authority granted, for a project or activity for any fiscal

15 year pursuant to this section shall be at a rate of oper16 ations not in excess of—

17 ‘‘(A) the rate of operations provided for in the

18 regular appropriation Act or continuing resolution

19 providing for such project or activity for the preced20 ing fiscal year, or

21 ‘‘(B) in the absence of such an Act or continu22 ing resolution, the rate of operations provided for

23 such project or activity pursuant to this section for

24 such preceding fiscal year.
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1 ‘‘(3) Appropriations and funds made available, and

2 authority granted, for any fiscal year pursuant to this sec3 tion for a project or activity shall be available for the pe4 riod beginning with the first day of such fiscal year and

5 ending with the earlier of—

6 ‘‘(A) the date on which the applicable regular

7 appropriation bill or continuing resolution for such

8 fiscal year becomes law (whether or not such law

9 provides for such project or activity), and

10 ‘‘(B) the last day of such fiscal year.

11 ‘‘(b) An appropriation or funds made available, or au12 thority granted, for a project or activity for any fiscal year

13 pursuant to this section shall be subject to the terms and

14 conditions imposed with respect to the appropriation

15 made, funds made available, or authority granted for such

16 project or activity for the preceding fiscal year.

17 ‘‘(c) Appropriations and funds made available, and

18 authority granted, for any project or activity for any fiscal

19 year pursuant to this section shall cover all obligations or

20 expenditures incurred for such project or activity during

21 the portion of such fiscal year for which this section ap22 plies to such project or activity.

23 ‘‘(d) Expenditures made for a project or activity for

24 any fiscal year pursuant to this section shall be charged

25 to the applicable appropriation, fund, or authorization
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1 whenever a regular appropriation bill or continuing resolu2 tion providing for such project or activity for such period

3 becomes law.

4 ‘‘(e) No appropriation is made by reason of subpara5 graph (B) of subsection (a)(1) for a fiscal year for any

6 project or activity for which there is no authorization of

7 appropriations for such fiscal year.

8 ‘‘(f) This section shall not apply to a project or activ9 ity during a fiscal year if any other provision of law (other

10 than an authorization of appropriations)—

11 ‘‘(1) makes an appropriation, makes funds

12 available, or grants authority for such project or ac13 tivity to continue for such period, or

14 ‘‘(2) specifically provides that no appropriation

15 shall be made, no funds shall be made available, or

16 no authority shall be granted for such project or ac17 tivity to continue for such period.

18 ‘‘(g) For purposes of this section:

19 ‘‘(1) The term ‘regular appropriation bill’

20 means any regular appropriation bill (within the

21 meaning given to such term in section 307 of the

22 Congressional Budget Act of 1974 (2 U.S.C. 638))

23 making appropriations, otherwise making funds

24 available, or granting authority, for any of the fol25 lowing categories of projects and activities:
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1 ‘‘(A) Agriculture, rural development, and

2 related agencies programs.

3 ‘‘(B) The Departments of Commerce, Jus4 tice, and State, the Judiciary, and related agen5 cies.

6 ‘‘(C) The Department of Defense.

7 ‘‘(D) The government of the District of

8 Columbia and other activities chargeable in

9 whole or in part against the revenues of the

10 District.

11 ‘‘(E) The Departments of Labor, Health

12 and Human Services, and Education, and relat13 ed agencies.

14 ‘‘(F) The Department of Housing and

15 Urban Development, and sundry independent

16 agencies, boards, commissions, corporations,

17 and offices.

18 ‘‘(G) Energy and water development.

19 ‘‘(H) Foreign assistance and related pro20 grams.

21 ‘‘(I) The Department of the Interior and

22 related agencies.

23 ‘‘(J) Military construction.

24 ‘‘(K) The Department of Transportation

25 and related agencies.
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1 ‘‘(L) The Treasury Department, the U.S.

2 Postal Service, the Executive Office of the

3 President, and certain independent agencies.

4 ‘‘(M) The legislative branch.

5 ‘‘(2) The term ‘continuing resolution’ means

6 any joint resolution making continuing appropria7 tions for all or part of any fiscal year.’’.

8 SEC. 2. CONFORMING AMENDMENT.

9 The analysis of chapter 13 of title 31, United States

10 Code, is amended by inserting after the item relating to

11 section 1310 the following new item:

‘‘1311. Continuing appropriations.’’.

12 SEC. 3. EFFECTIVE DATE.

13 The amendments made by this Act shall apply to fis14 cal years beginning after September 30, 1995.

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