I

104TH CONGRESS

1ST SESSION H. R. 2069

To help avoid the costs and disruptions of agency shutdowns when there

is a lapse in appropriations.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1995

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

on Appropriations

A BILL

To help avoid the costs and disruptions of agency shutdowns

when there is a lapse in appropriations.

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

3 SECTION 1. AUTHORITY TO OBLIGATE DURING LAPSE IN

4 APPROPRIATIONS.

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

6 amended by inserting after section 1310 the following new

7 section:
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1 ‘‘§ 1311. Authority to obligate during lapse in appro2 priations

3 ‘‘(a)(1) Notwithstanding section 1341 of this title, if

4 any appropriation bill for a fiscal year does not become

5 law prior to the beginning of such fiscal year, an officer

6 or employee of the United States Government or of the

7 District of Columbia government may incur obligations as

8 may be necessary to continue any project or activity for

9 which funds were provided in the preceding 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) The authority to incur obligations for a project

16 or activity for any fiscal year pursuant to this section shall

17 be at a rate of operations not in excess of the lower of—

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

19 regular appropriation Act, including any continuing

20 resolution, for such project or activity for the pre21 ceding 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) The authority to incur obligations, for any fiscal

26 year pursuant to this section for a project or activity shall
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1 be available for the period beginning with the first day

2 of such fiscal year and ending with the earlier of—

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

4 appropriation bill for such fiscal year becomes law

5 (whether or not such law provides for such project

6 or activity), or

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

8 ‘‘(b) The authority to incur obligations for a project

9 or activity for any fiscal year pursuant to this section shall

10 be subject to the terms and conditions imposed with re11 spect to the appropriation made and funds made available

12 or authority granted for such project or activity for the

13 preceding fiscal year.

14 ‘‘(c) Expenditures made to liquidate any obligation

15 incurred for a project or activity for any fiscal year pursu16 ant to this section shall be paid out of the applicable ap17 propriation fund whenever the appropriation bill providing

18 for such project or activity becomes law.

19 ‘‘(d) This section shall not apply to a project or activ20 ity during a fiscal year if program authorization for the

21 project or activity has expired.

22 ‘‘(e) This section shall not apply to a project or activ23 ity during a fiscal year if any other provision of law (other

24 than an authorization of appropriations)—
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1 ‘‘(1) makes an appropriation, makes funds

2 available, or grants authority for such project or ac3 tivity to continue for such period, or

4 ‘‘(2) specifically provides that no appropriation

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

6 no authority shall be granted for such project or ac7 tivity to continue for such period.

8 ‘‘(f) For purposes of this section ‘regular appropria9 tion bill’ means any regular appropriation bill (within the

10 meaning given to such term in section 307 of the Congres11 sional Budget Act of 1974 (2 U.S.C. 638)) making appro12 priations, otherwise making funds available, or granting

13 authority, for any of the following categories of projects

14 and activities:

15 ‘‘(1) Agriculture, rural development, and relat16 ed agencies programs.

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

18 and State, the judiciary, and related agencies.

19 ‘‘(3) The Department of Defense.

20 ‘‘(4) The government of the District of Colum21 bia and other activities chargeable in whole or in

22 part against the revenues of the District.

23 ‘‘(5) The Department of Labor, Health and

24 Human Services, and Education, and related agen25 cies.
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1 ‘‘(6) The Department of Housing and Urban

2 Development, and sundry independent agencies,

3 boards, commissions, corporations, and offices.

4 ‘‘(7) Energy and water development.

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

6 ‘‘(9) The Department of the Interior and relat7 ed agencies.

8 ‘‘(10) Military construction.

9 ‘‘(11) The Department of Transportation and

10 related agencies.

11 ‘‘(12) The Treasury Department, the United

12 States Postal Service, the Executive Office of the

13 President, and certain independent agencies.

14 ‘‘(13) The legislative branch.

15 ‘‘(g) Obligations incurred under the authority of this

16 section may not be liquidated prior to the enactment of

17 the applicable regular appropriation bill.’’.

18 (b) The table of sections for chapter 13 of title 31,

19 United States Code, is amended by inserting after the

20 item relating to section 1310 the following new item:

‘‘1311. Authority to obligate during lapse in appropriations.’’.

21 (c) The amendments made by this subsection shall

22 apply with respect to fiscal years beginning after the date

23 of enactment of this Act.

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