I 

116TH CONGRESS 

1ST SESSION H. R. 1124 

To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2019 

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

Committee on Appropriations 

A BILL 

To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations, and for other purposes. 

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 ‘‘Preventing Future 

5 Shutdowns Act of 2019’’. 

6 SEC. 2. AMENDMENT TO TITLE 31. 

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) IN GENERAL.—If any regular appropriation bill 

3 for a fiscal year does not become law prior to the begin4 ning of such fiscal year or a joint resolution making con5 tinuing appropriations is not in effect, there is appro6 priated, out of money in the Treasury not otherwise appro7 priated, such sums as may be necessary to continue any 

8 program, project, and activity for which funds were pro9 vided in the preceding fiscal year— 

10 ‘‘(1) in the corresponding regular appropriation 

11 Act for such preceding fiscal year; 

12 ‘‘(2) if the corresponding regular appropriation 

13 bill for such preceding fiscal year did not become 

14 law, then in a joint resolution making continuing ap15 propriations for such fiscal year; or 

16 ‘‘(3) if the corresponding regular appropriation 

17 bill or a joint resolution making appropriations for 

18 a fiscal year did not become law, in the most re19 cently enacted joint resolution making continuing 

20 appropriations for part of that fiscal year or any 

21 funding levels established under the provisions of 

22 this Act. 

23 ‘‘(b) LEVEL OF APPROPRIATION.—Appropriations 

24 and funds made available, and authority granted, for a 

25 program, project, and activity for any fiscal year pursuant 

26 to this section shall be at a rate of operations— 


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1 ‘‘(1) with respect to any non-defense discre2 tionary account, of 95 percent of the rate of oper3 ations provided for that account in the appropria4 tions measure providing for such program, project, 

5 or activity for the preceding fiscal year; and 

6 ‘‘(2) with respect to any defense discretionary 

7 account, of 100 percent of the rate of operations 

8 provided for that account in the appropriations 

9 measure providing for such program, project, or ac10 tivity for the preceding fiscal year. 

11 ‘‘(c) TIMING OF APPROPRIATIONS AND AUTHORITY

12 GRANTED.—Appropriations and funds made available, 

13 and authority granted, for any fiscal year pursuant to this 

14 section for a project or activity shall be available for the 

15 period beginning with the first day of a lapse in appropria16 tions and ending with the date on which the applicable 

17 regular appropriation bill for such fiscal year becomes law 

18 or a continuing resolution making appropriations becomes 

19 law. 

20 ‘‘(d) TERMS AND CONDITIONS OF APPROPRIATIONS

21 OR AUTHORITY GRANTED.—An appropriation of funds 

22 made available, or authority granted, for a project or ac23 tivity for any fiscal year pursuant to this section shall be 

24 subject to the terms and conditions imposed with respect 

25 to the appropriation made or funds made available for the 


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1 preceding fiscal year, or authority granted for such pro2 gram, project, and activity under current law. 

3 ‘‘(e) EXTENT OF APPROPRIATIONS.—Appropriations 

4 and funds made available, and authority granted, for any 

5 project or activity for any fiscal year pursuant to this sec6 tion shall cover all obligations or expenditures incurred for 

7 such project or activity during the portion of such fiscal 

8 year for which this section applies to such program, 

9 project, and activity. 

10 ‘‘(f) CONTINUATION OF APPROPRIATIONS.—If this 

11 section is in effect at the end of a fiscal year, funding 

12 levels shall continue as provided in this section for the next 

13 fiscal year. 

14 ‘‘(g) EXPENDITURES.—Expenditures made for a 

15 project or activity for any fiscal year pursuant to this sec16 tion shall be charged to the applicable appropriation, fund, 

17 or authorization whenever a regular appropriation bill or 

18 a joint resolution making continuing appropriations until 

19 the end of a fiscal year providing for such program, 

20 project, and activity for such period becomes law. 

21 ‘‘(h) EXCEPTION FOR CERTAIN PROJECTS OR AC22 TIVITIES.—This section shall not apply to a program, 

23 project, and activity during a fiscal year if any other provi24 sion of law, other than an authorization of appropria25 tions— 


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

2 available, or grants authority for such program, 

3 project, and activity 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 program, 

7 project, and activity to continue for such period. 

8 ‘‘(i) DEFINITIONS.—In this section, the following 

9 definitions apply: 

10 ‘‘(1) DEFENSE DISCRETIONARY ACCOUNT.— 

11 The term ‘defense discretionary account’ means any 

12 discretionary account that provides appropriations 

13 for— 

14 ‘‘(A) the Department of Defense; 

15 ‘‘(B) the Department of Homeland Secu16 rity; 

17 ‘‘(C) the Department of Veterans Affairs; 

18 ‘‘(D) military construction; 

19 ‘‘(E) projects or activities related to vet20 erans affairs; or 

21 ‘‘(F) the Department of Energy defense 

22 activities. 

23 ‘‘(2) NON-DEFENSE DISCRETIONARY AC24 COUNT.—The term ‘non-defense discretionary acVerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124

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1 count’ means any discretionary account other than 

2 defense discretionary accounts.’’. 

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

4 for chapter 13 of title 31, United States Code, is amended 

5 by inserting after the item relating to section 1310 the 

6 following: 

‘‘1311. Continuing appropriations.’’. 

7 (c) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply with respect to any lapse of appro9 priation beginning on the date of the enactment of this 

10 Act. 

Æ 


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