I
104TH CONGRESS
1ST SESSION
H. R. 2069
To help avoid the costs and disruptions of agency shutdowns when there
is a lapse in appropriations.
IN THE HOUSE OF REPRESENTATIVES
JULY 19, 1995
Mr. MORAN introduced the following bill; which was referred to the Committee
on Appropriations
A BILL
To help avoid the costs and disruptions of agency shutdowns
when there is a lapse in appropriations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO OBLIGATE DURING LAPSE IN
APPROPRIATIONS.
(a) Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new
section:
‘‘§ 1311. Authority to obligate during lapse in appro-
priations
‘‘(a)(1) Notwithstanding section 1341 of this title, if
any appropriation bill for a fiscal year does not become
law prior to the beginning of such fiscal year, an officer
or employee of the United States Government or of the
District of Columbia government may incur obligations as
may be necessary to continue any project or activity for
which funds were provided in the preceding fiscal year—
‘‘(A) in the corresponding regular appropriation
Act for such preceding fiscal year; or
‘‘(B) if the corresponding regular appropriation
bill for such preceding fiscal year did not become
law, pursuant to this section.
‘‘(2) The authority to incur obligations for a project
or activity for any fiscal year pursuant to this section shall
be at a rate of operations not in excess of the lower of—
‘‘(A) the rate of operations provided for in the
regular appropriation Act, including any continuing
resolution, for such project or activity for the pre-
ceding fiscal year; or
‘‘(B) in the absence of such an Act, the rate of
operations provided for such project or activity pur-
suant to this section for such preceding fiscal year.
‘‘(3) The authority to incur obligations, for any fiscal
year pursuant to this section for a project or activity shall
be available for the period beginning with the first day
of such fiscal year and ending with the earlier of—
‘‘(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law
(whether or not such law provides for such project
or activity), or
‘‘(B) the last day of such fiscal year.
‘‘(b) The authority to incur obligations for a project
or activity for any fiscal year pursuant to this section shall
be subject to the terms and conditions imposed with re-
spect to the appropriation made and funds made available
or authority granted for such project or activity for the
preceding fiscal year.
‘‘(c) Expenditures made to liquidate any obligation
incurred for a project or activity for any fiscal year pursu-
ant to this section shall be paid out of the applicable ap-
propriation fund whenever the appropriation bill providing
for such project or activity becomes law.
‘‘(d) This section shall not apply to a project or activ-
ity during a fiscal year if program authorization for the
project or activity has expired.
‘‘(e) This section shall not apply to a project or activ-
ity during a fiscal year if any other provision of law (other
than an authorization of appropriations)—
‘‘(6) The Department of Housing and Urban
Development, and sundry independent agencies,
boards, commissions, corporations, and offices.
‘‘(7) Energy and water development.
‘‘(8) Foreign assistance and related programs.
‘‘(9) The Department of the Interior and relat-
ed agencies.
‘‘(10) Military construction.
‘‘(11) The Department of Transportation and
related agencies.
‘‘(12) The Treasury Department, the United
States Postal Service, the Executive Office of the
President, and certain independent agencies.
‘‘(13) The legislative branch.
‘‘(g) Obligations incurred under the authority of this
section may not be liquidated prior to the enactment of
the applicable regular appropriation bill.’’.
(b) The table of sections for chapter 13 of title 31,
United States Code, is amended by inserting after the
item relating to section 1310 the following new item:
‘‘1311. Authority to obligate during lapse in appropriations.’’.
(c) The amendments made by this subsection shall
apply with respect to fiscal years beginning after the date
of enactment of this Act.
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