I 

116TH CONGRESS 

1ST SESSION H. R. 809 

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

resolutions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2019 

Mr. BRENDAN F. BOYLE of Pennsylvania introduced the following bill; which 

was referred to the Committee on Appropriations 

A BILL 

To amend title 31, United States Code, to provide for 

automatic continuing resolutions. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ban Government Shut5 downs Act’’. 

6 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 

7 (a) IN GENERAL.—Chapter 13 of title 31, United 

8 States Code, is amended by inserting after section 1310 

9 the following new section: 


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1 ‘‘§ 1311. Continuing appropriations 

2 ‘‘(a)(1) If any appropriation measure for a fiscal year 

3 is not enacted before the beginning of such fiscal year or 

4 otherwise expires, there are appropriated such sums as 

5 may be necessary to continue any program, project, or ac6 tivity for which funds were provided in the preceding fiscal 

7 year— 

8 ‘‘(A) in the corresponding appropriation Act for 

9 such preceding fiscal year; or 

10 ‘‘(B) if the corresponding appropriation bill for 

11 such preceding fiscal year did not become law, then 

12 in a joint resolution making continuing appropria13 tions for such preceding fiscal year. 

14 ‘‘(2)(A) Appropriations and funds made available, 

15 and authority granted, for a program, project, or activity 

16 for any fiscal year pursuant to this section shall be at a 

17 rate of operations not in excess of the lower of— 

18 ‘‘(i) 100 percent of the rate of operations pro19 vided for in the regular appropriation Act providing 

20 for such program, project, or activity for the pre21 ceding fiscal year; 

22 ‘‘(ii) in the absence of such an Act, 100 percent 

23 of the rate of operations provided for such program, 

24 project, or activity pursuant to a joint resolution 

25 making continuing appropriations for such preceding 

26 fiscal year; or 


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1 ‘‘(iii) 100 percent of the annualized rate of op2 erations provided for in the most recently enacted 

3 joint resolution making continuing appropriations 

4 for part of that fiscal year or any funding levels es5 tablished under the provisions of this Act, 

6 for the period of 90 days. 

7 ‘‘(B) If this section is in effect at the end of a fiscal 

8 year, funding levels shall continue as provided in this sec9 tion for the next fiscal year. 

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

11 authority granted, for any fiscal year pursuant to this sec12 tion for a program, project, or activity shall be available 

13 for the period beginning with the first day of a lapse in 

14 appropriations and ending with the date on which the ap15 plicable regular appropriation bill for such fiscal year be16 comes law (whether or not such law provides for such pro17 gram, project, or activity) or a continuing resolution mak18 ing appropriations becomes law, as the case may be. 

19 ‘‘(b) An appropriation or funds made available, or au20 thority granted, for a program, project, or activity for any 

21 fiscal year pursuant to this section shall be subject to the 

22 terms and conditions imposed with respect to the appro23 priation made or funds made available for the preceding 

24 fiscal year, or authority granted for such program, project, 

25 or activity under current law. 


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1 ‘‘(c) Expenditures made for a program, project, or 

2 activity for any fiscal year pursuant to this section shall 

3 be charged to the applicable appropriation, fund, or au4 thorization whenever a regular appropriation bill or a joint 

5 resolution making continuing appropriations until the end 

6 of a fiscal year providing for such program, project, or 

7 activity for such period becomes law. 

8 ‘‘(d) This section shall not apply to a program, 

9 project, or activity during a fiscal year if any other provi10 sion of law (other than an authorization of appropria11 tions)— 

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

13 available, or grants authority for such program, 

14 project, or activity to continue for such period; or 

15 ‘‘(2) specifically provides that no appropriation 

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

17 no authority shall be granted for such program, 

18 project, or activity to continue for such period.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 of chapter 13 of title 31, United States Code, is amended 

21 by inserting after the item relating to section 1310 the 

22 following new item: 

‘‘1311. Continuing appropriations.’’. 

Æ 


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