II 

112TH CONGRESS 

1ST SESSION S. 784 

To prevent the shutdown of the Federal Government. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2011 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Appropriations 

A BILL 

To prevent the shutdown of the Federal Government. 

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 a Govern5 ment Shutdown 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: 

10 ‘‘§ 1311. Continuing appropriations 

11 ‘‘(a)(1) If any regular appropriation bill for a fiscal 

12 year (or, if applicable, for each fiscal year in a biennium) 


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1 does not become law before the beginning of such fiscal 

2 year or a joint resolution making continuing appropria3 tions is not in effect, there are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, and 

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

6 funds, excluding any budget authority designated as an 

7 emergency or temporary funding for projects or activities 

8 that are not part of ongoing operations, to such sums as 

9 may be necessary to continue any project or activity for 

10 which funds were provided in the 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; or 

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

25 operations provided for such project or activity purVerDate Mar 15 2010 04:13 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S784.IS S784

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1 suant to a joint resolution making continuing appro2 priations for such preceding fiscal year. 

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

4 authority granted, for any fiscal year pursuant to this sec5 tion for a project or activity shall be available for the pe6 riod beginning with the first day of a lapse in appropria7 tions and ending with the earlier of— 

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

9 appropriation bill for such fiscal year becomes law 

10 (whether or not such law provides for such project 

11 or activity) or a continuing resolution making appro12 priations becomes law, as the case may be; or 

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

14 ‘‘(4) This section shall not provide funding for a new 

15 fiscal year to continue any project or activity which is 

16 funded under the provisions of this section at the end of 

17 the preceding fiscal year until the enactment of a regular 

18 appropriation Act or joint resolution making continuing 

19 appropriations for such project or activity during such new 

20 fiscal year. 

21 ‘‘(b) An appropriation or funds made available, or au22 thority granted, for a project or activity for any fiscal year 

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

24 conditions imposed with respect to the appropriation made 

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


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1 authority granted for such project or activity under cur2 rent law. 

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

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

5 year pursuant to this section shall cover all obligations or 

6 expenditures incurred for such project or activity during 

7 the portion of such fiscal year for which this section ap8 plies to such project or activity. 

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

10 any fiscal year pursuant to this section shall be charged 

11 to the applicable appropriation, fund, or authorization 

12 whenever a regular appropriation bill or a joint resolution 

13 making continuing appropriations until the end of a fiscal 

14 year providing for such project or activity for such period 

15 becomes law. 

16 ‘‘(e) This section shall not apply to a project or activ17 ity during a fiscal year if any other provision of law (other 

18 than an authorization of appropriations)— 

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

20 available, or grants authority for such project or ac21 tivity to continue for such period; or 

22 ‘‘(2) specifically provides that no appropriation 

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

24 no authority shall be granted for such project or ac25 tivity to continue for such period. 


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

2 appropriation bill’ means any annual appropriation bill 

3 making appropriations, otherwise making funds available, 

4 or granting authority, for any of the following categories 

5 of projects and activities: 

6 ‘‘(1) Agriculture, rural development, Food and 

7 Drug Administration, and related agencies pro8 grams. 

9 ‘‘(2) The Department of Defense. 

10 ‘‘(3) Energy and water development, and re11 lated agencies. 

12 ‘‘(4) State, foreign operations, and related pro13 grams. 

14 ‘‘(5) The Department of Homeland Security. 

15 ‘‘(6) The Department of the Interior, Environ16 mental Protection Agency, and related agencies. 

17 ‘‘(7) The Departments of Labor, Health and 

18 Human Services, and Education, and related agen19 cies. 

20 ‘‘(8) Military construction, veterans affairs, and 

21 related agencies. 

22 ‘‘(9) Science, the Departments of State, Jus23 tice, and Commerce, and related agencies. 


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1 ‘‘(10) The Departments of Transportation, 

2 Housing and Urban Development, and related agen3 cies. 

4 ‘‘(11) The Legislative Branch. 

5 ‘‘(12) Financial services and general Govern6 ment.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis of chap8 ter 13 of title 31, United States Code, is amended by in9 serting after the item relating to section 1310 the fol10 lowing new item: 

‘‘1311. Continuing appropriations.’’. 

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

12 this section shall apply to fiscal years beginning fiscal year 

13 2011. 

Æ 


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