I

105TH CONGRESS

1ST SESSION H. R. 638

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

appropriations in the absence of regular appropriations.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. GEKAS (for himself, Mr. ROHRABACHER, Mr. ISTOOK, Mr. HANSEN, Mr.

COX of California, Mr. WOLF, Mr. DAVIS of Virginia, Mrs. MORELLA,

Mr. GILCHREST, Mr. HAYWORTH, Mr. BEREUTER, Mr. EHLERS, and Mr.

HORN) 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.

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’’.
2

•HR 638 IH

1 SEC. 2. AMENDMENT TO TITLE 31.

2 (a) IN GENERAL.—Chapter 13 of title 31, United

3 States Code, is amended by inserting after section 1310

4 the following new section:

5 ‘‘§ 1311. Continuing appropriations

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

7 year does not become law prior to the beginning of such

8 fiscal year or a joint resolution making continuing appro9 priations is not in effect, there is appropriated, out of any

10 moneys in the Treasury not otherwise appropriated, and

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

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

13 project or activity for which funds were provided in the

14 preceding fiscal year—

15 ‘‘(A) in the corresponding regular appropriation

16 Act for such preceding fiscal year; or

17 ‘‘(B) if the corresponding regular appropriation

18 bill for such preceding fiscal year did not become

19 law, then in a joint resolution making continuing ap20 propriations for such preceding fiscal year.

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

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

23 year pursuant to this section shall be at a rate of oper24 ations not in excess of 75 percent of the lower of—
3

•HR 638 IH

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

2 regular appropriation Act providing for such project

3 or activity for the preceding fiscal year,

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

5 operations provided for such project or activity pur6 suant to a joint resolution making continuing appro7 priations for such preceding fiscal year,

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

9 House or Senate passed appropriation bill for the

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

11 two versions shall be ignored for any project or ac12 tivity for which there is a budget request if no fund13 ing is provided for that project or activity in either

14 version,

15 ‘‘(D) the rate provided in the budget submis16 sion of the President under section 1105(a) of title

17 31, United States Code, for the fiscal year in ques18 tion, or

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

20 for in the most recently enacted joint resolution

21 making continuing appropriations for part of that

22 fiscal year or any funding levels established under

23 the provisions of this Act.
4

•HR 638 IH

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

2 authority granted, for any fiscal year pursuant to this sec3 tion for a project or activity shall be available for the pe4 riod beginning with the first day of a lapse in appropria5 tions and ending with the earlier of—

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

7 appropriation bill for such fiscal year becomes law

8 (whether or not such law provides for such project

9 or activity) or a continuing resolution making appro10 priations becomes law, as the case may be, or

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

12 ‘‘(b) An appropriation or funds made available, or au13 thority granted, for a project or activity for any fiscal year

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

15 conditions imposed with respect to the appropriation made

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

17 authority granted for such project or activity under cur18 rent law.

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

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

21 year pursuant to this section shall cover all obligations or

22 expenditures incurred for such project or activity during

23 the portion of such fiscal year for which this section ap24 plies to such project or activity.
5

•HR 638 IH

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

2 any fiscal year pursuant to this section shall be charged

3 to the applicable appropriation, fund, or authorization

4 whenever a regular appropriation bill or a joint resolution

5 making continuing appropriations until the end of a fiscal

6 year providing for such project or activity for such period

7 becomes law.

8 ‘‘(e) This section shall not apply to a project or activ9 ity during a fiscal year if any other provision of law (other

10 than an authorization of appropriations)—

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

12 available, or grants authority for such project or ac13 tivity to continue for such period, or

14 ‘‘(2) specifically provides that no appropriation

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

16 no authority shall be granted for such project or ac17 tivity to continue for such period.

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

19 appropriation bill’ means any annual appropriation bill

20 making appropriations, otherwise making funds available,

21 or granting authority, for any of the following categories

22 of projects and activities:

23 ‘‘(1) Agriculture, rural development, and relat24 ed agencies programs.
6

•HR 638 IH

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

2 and State, the judiciary, and related agencies.

3 ‘‘(3) The Department of Defense.

4 ‘‘(4) The government of the District of Colum5 bia and other activities chargeable in whole or in

6 part against the revenues of the District.

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

8 Human Services, and Education, and related agen9 cies.

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

11 Development, and sundry independent agencies,

12 boards, commissions, corporations, and offices.

13 ‘‘(7) Energy and water development.

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

15 ‘‘(9) The Department of the Interior and relat16 ed agencies.

17 ‘‘(10) Military construction.

18 ‘‘(11) The Department of Transportation and

19 related agencies.

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

21 Postal Service, the Executive Office of the President,

22 and certain independent agencies.

23 ‘‘(13) The legislative branch.’’.
7

•HR 638 IH

1 (b) CLERICAL AMENDMENT.—The analysis of chap2 ter 13 of title 31, United States Code, is amended by in3 serting after the item relating to section 1310 the follow4 ing new item:

‘‘1311. Continuing appropriations.’’.

5 (c) PROTECTION OF OTHER OBLIGATIONS.—Nothing

6 in the amendments made by this section shall be construed

7 to effect Government obligations mandated by other law,

8 including obligations with respect to Social Security, Medi9 care, and Medicaid.

10 SEC. 3. EFFECTIVE DATE AND SUNSET.

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

12 this Act shall apply with respect to fiscal years beginning

13 with fiscal year 1998.

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

15 shall sunset and have no force or effect 5 years after the

16 date of enactment of this Act.

Æ