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[DOCID: f:h3744ih.txt]






107th CONGRESS
  2d Session
                                H. R. 3744

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 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 2004.
    (b) Sunset.--The amendments made by this Act shall sunset and have 
no force or effect 5 years after the date of enactment of this Act.
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