II

Calendar No. 31

106TH CONGRESS

1ST SESSION S. 558

To prevent the shutdown of the Government at the beginning of a fiscal

year if a new budget is not yet enacted.

IN THE SENATE OF THE UNITED STATES

MARCH 8, 1999

Mr. THOMPSON, from the Committee on Governmental Affairs, reported the

following original bill; which was read twice and placed on the calendar

A BILL

To prevent the shutdown of the Government at the beginning

of a fiscal year if a new budget is not yet enacted.

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 provided in the budget submission

4 of the President under section 1105(a) of title 31,

5 United States Code, for the applicable fiscal year; or

6 ‘‘(D) the annualized rate of operations provided

7 for in the most recently enacted joint resolution

8 making continuing appropriations for part of that

9 fiscal year or any funding levels established under

10 the provisions of this Act.

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

12 authority granted, for any fiscal year pursuant to this sec13 tion for a project or activity shall be available for the pe14 riod beginning with the first day of a lapse in appropria15 tions and ending on the earlier of—

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

17 appropriation bill for such fiscal year becomes law

18 (whether or not such law provides for such project

19 or activity) or a continuing resolution making appro20 priations becomes law, as the case may be; or

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

22 ‘‘(b) An appropriation or funds made available, or au23 thority granted, for a project or activity for any fiscal year

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

25 conditions imposed with respect to the appropriation made
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1 or funds made available for the preceding fiscal year, or

2 authority granted for such project or activity under cur3 rent law.

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

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

6 year pursuant to this section shall cover all obligations or

7 expenditures incurred for such project or activity during

8 the portion of such fiscal year for which this section ap9 plies to such project or activity.

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

11 any fiscal year pursuant to this section shall be charged

12 to the applicable appropriation, fund, or authorization

13 whenever a regular appropriation bill or a joint resolution

14 making continuing appropriations until the end of a fiscal

15 year providing for such project or activity for such period

16 becomes law.

17 ‘‘(e) This section shall not apply to a project or activ18 ity during a fiscal year if any other provision of law (other

19 than an authorization of appropriations)—

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

21 available, or grants authority for such project or ac22 tivity to continue for such period; or

23 ‘‘(2) specifically provides that no appropriation

24 shall be made, no funds shall be made available, or
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1 no authority shall be granted for such project or ac2 tivity to continue for such period.

3 ‘‘(f) In this section, the term ‘regular appropriation

4 bill’ means any annual appropriation bill making appro5 priations, otherwise making funds available, or granting

6 authority, for any of the following categories of projects

7 and activities:

8 ‘‘(1) Agriculture, rural development, and relat9 ed 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 relat25 ed 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) TECHNICAL AMENDMENT.—The analysis of chap9 ter 13 of title 31, United States Code, is amended by in10 serting after the item relating to section 1310 the follow11 ing:

‘‘1311. Continuing appropriations.’’.

12 (c) PROTECTION OF OTHER OBLIGATIONS.—Nothing

13 in the amendments made by this section shall be construed

14 to effect Government obligations mandated by other law,

15 including obligations with respect to Social Security, Medi16 care, and Medicaid.

17 SEC. 3. EFFECTIVE DATE AND SUNSET.

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

19 this Act shall apply with respect to fiscal years beginning

20 with fiscal year 2000.

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

22 shall sunset and have no force or effect after fiscal year

23 2001.

Calendar No. 31

106TH CONGRESS

1ST SESSION S. 558

A BILL

To prevent the shutdown of the Government at the

yet enacted.beginning of a fiscal year if a new budget is not

MARCH 8, 1999

Read twice and placed on the calendar