I 
110TH CONGRESS 
2D SESSION 
H. R. 6863 
To prevent Government shutdowns. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 10, 2008 
Mr. HENSARLING introduced the following bill; which was referred to the 
Committee on Appropriations 
A BILL 
To prevent Government shutdowns. 
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 (or, if applicable, for each fiscal year in a biennium) 
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does not become law before the beginning of such fiscal 
year or a joint resolution making continuing appropria-
tions is not in effect, there are appropriated, out of any 
money 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 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; 
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‘‘(C) the rate of operations provided for in the 
regular appropriation bill as passed by the House of 
Representatives or the Senate for the fiscal year in 
question, except that the lower of these two versions 
shall be ignored for any project or activity for which 
there is a budget request if no funding is provided 
for that project or activity in either version; or 
‘‘(D) 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 
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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 
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‘‘(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) Notwithstanding any other provision of this Act, 
this Act imposes no prohibition on funds being expended— 
‘‘(1) to prepare or publish final regulations re-
garding a commercial leasing program for oil shale 
resources on public lands pursuant to section 369(d) 
of the Energy Policy Act of 2005 (Public Law 109– 
58) or to conduct an oil shale lease sale pursuant to 
subsection 369(e) of such Act; 
‘‘(2) by the Department of the Interior for the 
conduct of offshore preleasing, leasing and related 
activities placed under restriction in the President’s 
moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern California; 
the North Atlantic; Washington and Oregon; and the 
eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude; or 
‘‘(3) by the Department of the Interior to con-
duct oil and natural gas preleasing, leasing and re-
lated activities in the mid-Atlantic and South Atlan-
tic planning areas. 
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‘‘(12) The Departments of Transportation, 
Housing and Urban Development, and related agen-
cies.’’. 
(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 fol-
lowing new item: 
‘‘1311. Continuing appropriations.’’. 
Æ 
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