I 

116TH CONGRESS 

1ST SESSION H. R. 1338 

To provide for automatic continuing appropriations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2019 

Mr. BROOKS of Alabama (for himself, Mr. MEADOWS, and Mr. HARRIS) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, 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 provide for automatic continuing 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 ‘‘End Federal Shut5 downs Act of 2019’’. 

6 SEC. 2. AUTOMATIC CONTINUING RESOLUTION. 

7 (a) AMENDMENT TO TITLE 31.—Chapter 13 of title 

8 31, United States Code, is amended by inserting after sec9 tion 1310 the following new section: 


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1 ‘‘SEC. 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 or a joint resolution making continuing appro5 priations is not in effect, there is appropriated, out of any 

6 moneys in the Treasury not otherwise appropriated, and 

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

8 funds, such sums as may be necessary to continue any 

9 project or activity for which funds were provided in the 

10 preceding fiscal year— 

11 ‘‘(A) in the corresponding regular appro12 priation Act for such preceding fiscal year; or 

13 ‘‘(B) if the corresponding regular appro14 priation bill for such preceding fiscal year did 

15 not become law, then in a joint resolution mak16 ing continuing appropriations for such pre17 ceding fiscal year. 

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

19 and authority granted, for a project or activity for 

20 any fiscal year pursuant to this section shall be at 

21 a rate of operations not in excess of the rate of oper22 ations provided for in the regular appropriation Act 

23 providing for such project or activity for the pre24 ceding fiscal year, or in the absence of such an Act, 

25 the rate of operations provided for such project or 


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1 activity pursuant to a joint resolution making con2 tinuing appropriations for such preceding fiscal year. 

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

4 and authority granted, for any fiscal year pursuant 

5 to this section for a project or activity shall be avail6 able for the period beginning with the first day of 

7 a lapse in appropriations and ending with the earlier 

8 of— 

9 ‘‘(A) the date on which the applicable reg10 ular appropriation bill for such fiscal year be11 comes law (whether or not such law provides 

12 for such project or activity) or a continuing res13 olution making appropriations becomes law, as 

14 the case may be, or 

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

16 ‘‘(b) An appropriation or funds made available, or au17 thority granted, for a project or activity for any fiscal year 

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

19 conditions imposed with respect to the appropriation made 

20 or funds made available for the preceding fiscal year, or 

21 authority granted for such project or activity under cur22 rent law. 

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

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

25 year pursuant to this section shall cover all obligations or 


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1 expenditures incurred for such project or activity during 

2 the portion of such fiscal year for which this section ap3 plies to such project or activity. 

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

5 any fiscal year pursuant to this section shall be charged 

6 to the applicable appropriation, fund, or authorization 

7 whenever a regular appropriation bill or a joint resolution 

8 making continuing appropriations until the end of a fiscal 

9 year providing for such project or activity for such period 

10 becomes law. 

11 ‘‘(e) This section shall not apply to a project or activ12 ity during a fiscal year— 

13 ‘‘(1) with respect to any portion of such fiscal 

14 year for which authorizations for appropriations 

15 have not been enacted for such project or activity; 

16 or 

17 ‘‘(2) if any other provision of law (other than 

18 an authorization of appropriations)— 

19 ‘‘(A) makes an appropriation, makes funds 

20 available, or grants authority for such project 

21 or activity to continue for such period, or 

22 ‘‘(B) specifically provides that no appro23 priation shall be made, no funds shall be made 

24 available, or no authority shall be granted for 


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1 such project or activity to continue for such pe2 riod. 

3 ‘‘(f) For purposes of this section, the term ‘regular 

4 appropriation bill’ means any annual appropriation bill 

5 making appropriations, otherwise making funds available, 

6 or granting authority, for any of the following categories 

7 of projects and activities: 

8 ‘‘(1) Agriculture, rural development, and re9 lated agencies programs. 

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

11 and State, the judiciary, and related agencies. 

12 ‘‘(3) The Department of Defense. 

13 ‘‘(4) The Government of the District of Colum14 bia and other activities chargeable in whole or in 

15 part against the revenues of the District. 

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

17 Human Services, and Education, and related agen18 cies. 

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

20 Development, and sundry independent agencies, 

21 boards, commissions, corporations, and offices. 

22 ‘‘(7) Energy and water development. 

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

24 ‘‘(9) The Department of the Interior and re25 lated agencies. 


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1 ‘‘(10) Military construction. 

2 ‘‘(11) The Department of Transportation and 

3 related agencies. 

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

5 Postal Service, the Executive Office of the President, 

6 and certain independent agencies. 

7 ‘‘(13) The legislative branch.’’. 

8 (b) CONFORMING AMENDMENT.—Section 202(e)(3) 

9 of the Congressional Budget Act of 1974 is amended by 

10 inserting ‘‘and on or before September 30’’ before ‘‘of each 

11 year’’. 

12 (c) CHAPTER ANALYSIS.—The analysis of chapter 13 

13 of title 31, United States Code, is amended by inserting 

14 after the item relating to section 1310 the following new 

15 item: 

‘‘1311. Continuing appropriations.’’. 

16 (d) EFFECT OF AMENDMENTS.—Nothing in the 

17 amendments made by this subsection shall be construed 

18 to affect Government obligations mandated by other law, 

19 including obligations with respect to Social Security, Medi20 care, and Medicaid. 

Æ 


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