II

104TH CONGRESS

2D SESSION S. 2013

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

appropriations in the absence of regular appropriations.

IN THE SENATE OF THE UNITED STATES

AUGUST 1, 1996

Mr. MCCAIN (for himself, Mr. COATS, Mr. STEVENS, Mrs. HUTCHISON, Mr.

ABRAHAM, Mr. ASHCROFT, and Mr. ROTH) introduced the following bill;

which was read twice and 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.

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 ‘‘Government Shutdown

5 Prevention Act’’.

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)(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 appropriation

12 Act for such preceding fiscal year; or

13 ‘‘(B) if the corresponding regular appropriation

14 bill for such preceding fiscal year did not become

15 law, then in a joint resolution making continuing ap16 propriations for such preceding fiscal year.

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

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

19 year pursuant to this section shall be at a rate of oper20 ations not in excess of the lower of—

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

22 regular appropriation Act providing for such project

23 or activity for the preceding fiscal year,

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

25 operations provided for such project or activity pur-
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1 suant to a joint resolution making continuing appro2 priations for such preceding fiscal year,

3 ‘‘(C) the rate of operations provided for in the

4 House or Senate passed appropriation bill for the

5 fiscal year in question, except that the lower of these

6 two versions shall be ignored for any project or ac7 tivity for which there is a budget request if no fund8 ing is provided for that project or activity in either

9 version,

10 ‘‘(D) the rate provided in the budget submis11 sion of the President under section 1105(a) of title

12 31, United States Code, for the fiscal year in ques13 tion, or

14 ‘‘(E) the annualized rate of operations provided

15 for in the most recently enacted joint resolution

16 making continuing appropriations for part of that

17 fiscal year or any funding levels established under

18 the provisions of this Act.

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

20 authority granted, for any fiscal year pursuant to this sec21 tion for a project or activity shall be available for the pe22 riod beginning with the first day of a lapse in appropria23 tions and ending with the earlier of—

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

25 appropriation bill for such fiscal year becomes law
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1 (whether or not such law provides for such project

2 or activity) or a continuing resolution making appro3 priations becomes law, as the case may be, or

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

5 ‘‘(b) An appropriation or funds made available, or au6 thority granted, for a project or activity for any fiscal year

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

8 conditions imposed with respect to the appropriation made

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

10 authority granted for such project or activity under cur11 rent law.

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

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

14 year pursuant to this section shall cover all obligations or

15 expenditures incurred for such project or activity during

16 the portion of such fiscal year for which this section ap17 plies to such project or activity.

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

19 any fiscal year pursuant to this section shall be charged

20 to the applicable appropriation, fund, or authorization

21 whenever a regular appropriation bill or a joint resolution

22 making continuing appropriations until the end of a fiscal

23 year providing for such project or activity for such period

24 becomes law.
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1 ‘‘(e) This section shall not apply to a project or activ2 ity during a fiscal year if any other provision of law (other

3 than an authorization of appropriations)—

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

5 available, or grants authority for such project or ac6 tivity to continue for such period, or

7 ‘‘(2) specifically provides that no appropriation

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

9 no authority shall be granted for such project or ac10 tivity to continue for such period.

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

12 appropriation bill’ means any annual appropriation bill

13 making appropriations, otherwise making funds available,

14 or granting authority, for any of the following categories

15 of projects and activities:

16 ‘‘(1) Agriculture, rural development, and relat17 ed agencies programs.

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

19 and State, the judiciary, and related agencies.

20 ‘‘(3) The Department of Defense.

21 ‘‘(4) The government of the District of Colum22 bia and other activities chargeable in whole or in

23 part against the revenues of the District.
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1 ‘‘(5) The Departments of Labor, Health and

2 Human Services, and Education, and related agen3 cies.

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

5 Development, and sundry independent agencies,

6 boards, commissions, corporations, and offices.

7 ‘‘(7) Energy and water development.

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

9 ‘‘(9) The Department of the Interior and relat10 ed agencies.

11 ‘‘(10) Military construction.

12 ‘‘(11) The Department of Transportation and

13 related agencies.

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

15 Postal Service, the Executive Office of the President,

16 and certain independent agencies.

17 ‘‘(13) The legislative branch.’’.

18 (b) CLERICAL AMENDMENT.—The analysis of chap19 ter 13 of title 31, United States Code, is amended by in20 serting after the item relating to section 1310 the follow21 ing new item:

‘‘1311. Continuing appropriations.’’.

22 (c) PROTECTION OF OTHER OBLIGATIONS.—Nothing

23 in the amendments made by this section shall be construed

24 to effect Government obligations mandated by other law,
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1 including obligations with respect to Social Security, Medi2 care, and Medicaid.

3 SEC. 3. EFFECTIVE DATE AND SUNSET.

4 (a) EFFECTIVE DATE.—The amendments made by

5 this Act shall apply with respect to fiscal years beginning

6 with fiscal year 1997.

7 (b) SUNSET.—The amendments made by this Act

8 shall sunset and have no force or effect 6 years after the

9 date of enactment of this Act.

Æ