I

104TH CONGRESS

1ST SESSION H. R. 2006

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

appropriation for the United States Government.

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1995

Mr. GEKAS introduced the following bill; which was referred to the Committee

on Appropriations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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 (a) IN GENERAL.—

5 (1) Chapter 13 of title 31, United States Code,

6 is amended by inserting after section 1310 the fol7 lowing new section:
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1 ‘‘§ 1311. Continuing appropriations

2 ‘‘(a)(1) If any regular appropriation bill for a fiscal

3 year does not become law prior to the beginning of such

4 fiscal year, there is appropriated, out of any moneys in

5 the Treasury not otherwise appropriated, and out of appli6 cable corporate or other revenues, receipts, and funds,

7 such sums as may be necessary to continue any project

8 or activity for which funds were provided in the preceding

9 fiscal year—

10 ‘‘(A) in the corresponding regular appropriation

11 Act for such preceding fiscal year; or

12 ‘‘(B) if the corresponding regular appropriation

13 bill for such preceding fiscal year did not become

14 law, pursuant to this section.

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

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

17 year pursuant to this section shall be at a rate of oper18 ations not in excess of the lower of—

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

20 regular appropriation Act providing for such project

21 or activity for the preceding fiscal year, or

22 ‘‘(B) in the absence of such an Act, the rate of

23 operations provided for such project or activity pur24 suant to this section for such preceding fiscal year.

25 ‘‘(3) Appropriations and funds made available, and

26 authority granted, for any fiscal year pursuant to this sec-
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1 tion for a project or activity shall be available for the pe2 riod beginning with the first day of such fiscal year and

3 ending with the earlier of—

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

5 appropriation bill for such fiscal year becomes law

6 (whether or not such law provides for such project

7 or activity), and

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

9 ‘‘(b) An appropriation or funds made available, or au10 thority granted, for a project or activity for any fiscal year

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

12 conditions imposed with respect to the appropriation

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

14 project or activity for the preceding fiscal year.

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

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

17 year pursuant to this section shall cover all obligations or

18 expenditures incurred for such project or activity during

19 the portion of such fiscal year for which this section ap20 plies to such project or activity.

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

22 any fiscal year pursuant to this section shall be charged

23 to the applicable appropriation, fund, or authorization

24 whenever a regular appropriation bill providing for such

25 project or activity for such period becomes law.
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1 ‘‘(e) No appropriation is made by reason of subpara2 graph (B) of subsection (a)(1) for a fiscal year for any

3 project or activity for which there is no authorization of

4 appropriations for such fiscal year.

5 ‘‘(f) This section shall not apply to a project or activ6 ity during a fiscal year if any other provision of law (other

7 than an authorization of appropriations)—

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

9 available, or grants authority for such project or ac10 tivity to continue for such period, or

11 ‘‘(2) specifically provides that no appropriation

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

13 no authority shall be granted for such project or ac14 tivity to continue for such period.

15 ‘‘(g) For purposes of this section ‘regular appropria16 tion bill’ means any regular appropriation bill (within the

17 meaning given to such term in section 307 of the Congres18 sional Budget Act of 1974 (2 U.S.C. 638)) making appro19 priations, otherwise making funds available, or granting

20 authority, for any of the following categories of projects

21 and activities:

22 ‘‘(1) Agriculture, rural development, and relat23 ed agencies programs.

24 ‘‘(2) The Departments of Commerce, Justice,

25 and State, the judiciary, and related agencies.
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1 ‘‘(3) The Department of Defense.

2 ‘‘(4) The government of the District of Colum3 bia and other activities chargeable in whole or in

4 part against the revenues of the District.

5 ‘‘(5) The Departments of Labor, Health and

6 Human Services, and Education, and related agen7 cies.

8 ‘‘(6) The Department of Housing and Urban

9 Development, and sundry independent agencies,

10 boards, commissions, corporations, and offices.

11 ‘‘(7) Energy and water development.

12 ‘‘(8) Foreign assistance and related programs.

13 ‘‘(9) The Department of the Interior and relat14 ed agencies.

15 ‘‘(10) Military construction.

16 ‘‘(11) The Department of Transportation and

17 related agencies.

18 ‘‘(12) The Treasury Department, the U.S.

19 Postal Service, the Executive Office of the President,

20 and certain independent agencies.

21 ‘‘(13) The legislative branch.’’.

22 (2) The analysis of chapter 13 of title 31,

23 United States Code, is amended by inserting after

24 the item relating to section 1310 the following new

25 item:

‘‘1311. Continuing appropriations.’’.
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1 (3) The amendments made by this subsection

2 shall apply with respect to fiscal years beginning

3 after September 30, 1995.

4 (b) POINT OF ORDER AGAINST CONTINUING RESO5 LUTIONS.—

6 (1) It shall not be in order in the House of

7 Representatives or the Senate to consider or to vote

8 on the question of agreeing to any bill or joint reso9 lution making continuing appropriations for a fiscal

10 year or any conference report thereon.

11 (2) Paragraph (1) may be waived or suspended

12 in the Senate by a vote of three-fifths of the Mem13 bers, duly chosen and sworn.

14 (3) If the ruling of the presiding officer sus15 tains a point of order raised pursuant to paragraph

16 (1), a vote of three-fifths of the Members duly cho17 sen and sworn shall be required to sustain an appeal

18 of such ruling. Debate on any such appeal shall be

19 limited to two hours, to be equally divided between,

20 and controlled by, the majority leader and the mi21 nority leader or their designees. An appeal of any

22 such point of order is not subject to a motion to

23 table.

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