I
104TH CONGRESS
2D SESSION
H. R. 4094
To amend title 31, United States Code, to provide for continuing
appropriations in the absence of regular appropriations.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1996
Mr. GEKAS (for himself, Mr. COX of California, Mr. PORTER, Mr. WOLF, Mr.
DAVIS, Mrs. MORELLA, Mr. GILCHREST, Mr. HAYWORTH, Mr. BEREU-
TER, Mr. CRAPO, Mr. SPENCE, Mr. SHADEGG, Mr. ROHRABACHER, Mr.
HORN, Mr. HANSEN, and Mr. EHLERS) introduced the following bill;
which was referred to the Committee on Appropriations
A BILL
To amend title 31, United States Code, to provide for con-
tinuing appropriations in the absence of regular appro-
priations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Government Shutdown
Prevention Act’’.
SEC. 2. AMENDMENT TO TITLE 31.
(a) IN GENERAL.—Chapter 13 of title 31, United
States Code, is amended by inserting after section 1310
the following new section:
‘‘§ 1311. Continuing appropriations
‘‘(a)(1) If any regular appropriation bill for a fiscal
year does not become law prior to the beginning of such
fiscal year or a joint resolution making continuing appro-
priations is not in effect, there is appropriated, out of any
moneys in the Treasury not otherwise appropriated, and
out of applicable corporate or other revenues, receipts, and
funds, such sums 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, then in a joint resolution making continuing ap-
propriations for such preceding fiscal year.
‘‘(2) Appropriations and funds made available, and
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be at a rate of oper-
ations not in excess of 75% of the lower of—
‘‘(A) the rate of operations provided for in the
regular appropriation Act providing for such project
or activity for the preceding fiscal year,
‘‘(B) in the absence of such an Act, the rate of
operations provided for such project or activity pur-
suant to a joint resolution making continuing appro-
priations for such preceding fiscal year,
‘‘(C) the rate of operations provided for in the
House or Senate passed appropriation bill for the
fiscal year in question, except that the lower of these
two versions shall be ignored for any project or ac-
tivity for which there is a budget request if no fund-
ing is provided for that project or activity in either
version,
‘‘(D) the rate provided in the budget submis-
sion of the President under section 1105(a) of title
31, United States Code, for the fiscal year in ques-
tion, or
‘‘(E) the annualized rate of operations provided
for in the most recently enacted joint resolution
making continuing appropriations for part of that
fiscal year or any funding levels established under
the provisions of this Act.
‘‘(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this sec-
tion for a project or activity shall be available for the pe-
riod beginning with the first day of a lapse in appropria-
tions 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 a continuing resolution making appro-
priations becomes law, as the case may be, or
‘‘(B) the last day of such fiscal year.
‘‘(b) An appropriation or funds made available, or au-
thority granted, for a project or activity for any fiscal year
pursuant to this section shall be subject to the terms and
conditions imposed with respect to the appropriation made
or funds made available for the preceding fiscal year, or
authority granted for such project or activity under cur-
rent law.
‘‘(c) Appropriations and funds made available, and
authority granted, for any project or activity for any fiscal
year pursuant to this section shall cover all obligations or
expenditures incurred for such project or activity during
the portion of such fiscal year for which this section ap-
plies to such project or activity.
‘‘(d) Expenditures made for a project or activity for
any fiscal year pursuant to this section shall be charged
to the applicable appropriation, fund, or authorization
whenever a regular appropriation bill or a joint resolution
making continuing appropriations until the end of a fiscal
year providing for such project or activity for such period
becomes law.
‘‘(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)—
‘‘(1) makes an appropriation, makes funds
available, or grants authority for such project or ac-
tivity to continue for such period, or
‘‘(2) specifically provides that no appropriation
shall be made, no funds shall be made available, or
no authority shall be granted for such project or ac-
tivity to continue for such period.
‘‘(f) For purposes of this section, the term ‘regular
appropriation bill’ means any annual appropriation bill
making appropriations, otherwise making funds available,
or granting authority, for any of the following categories
of projects and activities:
‘‘(1) Agriculture, rural development, and relat-
ed agencies programs.
‘‘(2) The Departments of Commerce, Justice,
and State, the judiciary, and related agencies.
‘‘(3) The Department of Defense.
‘‘(4) The government of the District of Colum-
bia and other activities chargeable in whole or in
part against the revenues of the District.
‘‘(5) The Departments of Labor, Health and
Human Services, and Education, and related agen-
cies.
‘‘(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 U.S.
Postal Service, the Executive Office of the President,
and certain independent agencies.
‘‘(13) The legislative branch.’’.
(b) CLERICAL AMENDMENT.—The analysis of chap-
ter 13 of title 31, United States Code, is amended by in-
serting after the item relating to section 1310 the follow-
ing new item:
‘‘1311. Continuing appropriations.’’.
(c) PROTECTION OF OTHER OBLIGATIONS.—Nothing
in the amendments made by this section shall be construed
to effect Government obligations mandated by other law,
including obligations with respect to Social Security, Medi-
care, and Medicaid.
SEC. 3. EFFECTIVE DATE AND SUNSET.
(a) EFFECTIVE DATE.—The amendments made by
this Act shall apply with respect to fiscal years beginning
with fiscal year 1997.
(b) SUNSET.—The amendments made by this Act
shall sunset and have no force or effect 6 years after the
date of enactment of this Act.
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