< Back to S. 784 (112th Congress, 2011–2013)

Text of the Preventing a Government Shutdown Act

This bill was introduced on April 8, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 8, 2011 (Introduced).

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Source: GPO

II

112th CONGRESS

1st Session

S. 784

IN THE SENATE OF THE UNITED STATES

April 8, 2011

introduced the following bill; which was read twice and referred to the Committee on Appropriations

A BILL

To prevent the shutdown of the Federal Government.

1.

Short title

This Act may be cited as the Preventing a Government Shutdown Act.

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) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations 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, excluding any budget authority designated as an emergency or temporary funding for projects or activities that are not part of ongoing operations, to 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 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; or

(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.

(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.

(4)

This section shall not provide funding for a new fiscal year to continue any project or activity which is funded under the provisions of this section at the end of the preceding fiscal year until the enactment of a regular appropriation Act or joint resolution making continuing appropriations for such project or activity during such new 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, Food and Drug Administration, and related agencies programs.

(2)

The Department of Defense.

(3)

Energy and water development, and related agencies.

(4)

State, foreign operations, and related programs.

(5)

The Department of Homeland Security.

(6)

The Department of the Interior, Environmental Protection Agency, and related agencies.

(7)

The Departments of Labor, Health and Human Services, and Education, and related agencies.

(8)

Military construction, veterans affairs, and related agencies.

(9)

Science, the Departments of State, Justice, and Commerce, and related agencies.

(10)

The Departments of Transportation, Housing and Urban Development, and related agencies.

(11)

The Legislative Branch.

(12)

Financial services and general Government.

.

(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)

Effective date

The amendment made by this section shall apply to fiscal years beginning fiscal year 2011.