H.R. 5223 (107th): Government Shutdown Prevention Act

107th Congress, 2001–2002. Text as of Jul 25, 2002 (Introduced).

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HR 5223 IH

107th CONGRESS

2d Session

H. R. 5223

To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 2002

Mr. GEKAS 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.

    Be it enacted by the Senate and House of Representatives 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:

‘Sec. 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 appropriations 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 appropriations 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 operations not in excess of 75 percent 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 pursuant to a joint resolution making continuing appropriations 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 activity for which there is a budget request if no funding is provided for that project or activity in either version,

      ‘(D) the rate provided in the budget submission of the President under section 1105(a) of title 31, United States Code, for the fiscal year in question, 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 section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations 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 appropriations becomes law, as the case may be, or

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

    ‘(b) An appropriation or funds made available, or authority 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 current 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 applies 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 activity 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 activity 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 activity 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 related 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 Columbia 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 agencies.

      ‘(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 related 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 chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following 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, Medicare, 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 2003.

    (b) SUNSET- The amendments made by this Act shall sunset and have no force or effect 3 years after the date of enactment of this Act.