I

105TH CONGRESS

1ST SESSION H. R. 987

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

appropriations in the absence of regular appropriations.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1997

Mr. PETERSON of Pennsylvania (for himself, Mr. GEKAS, Mr. SOLOMON, Mr.

DOOLITTLE, Mr. BURTON of Indiana, Mr. COBURN, Mr. BARR of Georgia, Mr. POMBO, Mr. SAM JOHNSON of Texas, Mr. TIAHRT, Mr. PITTS,

Mr. EWING, Mr. SOUDER, Mr. LARGENT, Mr. LEWIS of Kentucky, and

Mr. SNOWBARGER) 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’’.
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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 ninety per centum of the lower of—
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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, or

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

9 authority granted, for any fiscal year pursuant to this sec10 tion for a project or activity shall be available for the pe11 riod beginning with the first day of a lapse in appropria12 tions and ending with the earlier of—

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

14 appropriation bill for such fiscal year becomes law

15 (whether or not such law provides for such project

16 or activity) or a continuing resolution making appro17 priations becomes law, as the case may be, or

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

19 ‘‘(b) An appropriation or funds made available, or au20 thority granted, for a project or activity for any fiscal year

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

22 conditions imposed with respect to the appropriation made

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

24 authority granted for such project or activity under cur25 rent law.
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1 ‘‘(c) Appropriations and funds made available, and

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

3 year pursuant to this section shall cover all obligations or

4 expenditures incurred for such project or activity during

5 the portion of such fiscal year for which this section ap6 plies to such project or activity.

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

8 any fiscal year pursuant to this section shall be charged

9 to the applicable appropriation, fund, or authorization

10 whenever a regular appropriation bill or a joint resolution

11 making continuing appropriations until the end of a fiscal

12 year providing for such project or activity for such period

13 becomes law.

14 ‘‘(e) This section shall not apply to a project or activ15 ity during a fiscal year if any other provision of law (other

16 than an authorization of appropriations)—

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

18 available, or grants authority for such project or ac19 tivity to continue for such period, or

20 ‘‘(2) specifically provides that no appropriation

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

22 no authority shall be granted for such project or ac23 tivity to continue for such period.

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

25 appropriation bill’ means any annual appropriation bill
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1 making appropriations, otherwise making funds available,

2 or granting authority, for any of the following categories

3 of projects and activities:

4 ‘‘(1) Agriculture, rural development, and relat5 ed agencies programs.

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

7 and State, the judiciary, and related agencies.

8 ‘‘(3) The Department of Defense.

9 ‘‘(4) The government of the District of Colum10 bia and other activities chargeable in whole or in

11 part against the revenues of the District.

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

13 Human Services, and Education, and related agen14 cies.

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

16 Development, and sundry independent agencies,

17 boards, commissions, corporations, and offices.

18 ‘‘(7) Energy and water development.

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

20 ‘‘(9) The Department of the Interior and relat21 ed agencies.

22 ‘‘(10) Military construction.

23 ‘‘(11) The Department of Transportation and

24 related agencies.
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1 ‘‘(12) The Treasury Department, the U.S.

2 Postal Service, the Executive Office of the President,

3 and certain independent agencies.

4 ‘‘(13) The legislative branch.’’.

5 (b) CLERICAL AMENDMENT.—The analysis of chap6 ter 13 of title 31, United States Code, is amended by in7 serting after the item relating to section 1310 the follow8 ing new item:

‘‘1311. Continuing appropriations.’’.

9 (c) PROTECTION OF OTHER OBLIGATIONS.—Nothing

10 in the amendments made by this section shall be construed

11 to affect Government obligations mandated by other law,

12 including obligations with respect to Social Security, Medi13 care, and Medicaid.

14 SEC. 3. EFFECTIVE DATE.

15 The amendments made by this Act shall apply with

16 respect to fiscal years beginning with fiscal year 1998.

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