[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2006 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2006

    To amend title 31, United States Code, to provide an automatic 
       continuing appropriation for the United States Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 1995

  Mr. Gekas introduced the following bill; which was referred to the 
Committee on Appropriations, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 31, United States Code, to provide an automatic 
       continuing appropriation for the United States Government.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. AUTOMATIC CONTINUING RESOLUTION.

    (a) In General.--
            (1) 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, 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, pursuant to this 
        section.
    ``(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 this section 
        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 such fiscal year 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), and
            ``(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, funds made available, or authority 
granted for such project or activity for the preceding fiscal year.
    ``(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 providing for such project or activity for such period becomes 
law.
    ``(e) No appropriation is made by reason of subparagraph (B) of 
subsection (a)(1) for a fiscal year for any project or activity for 
which there is no authorization of appropriations for such fiscal year.
    ``(f) 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.
    ``(g) For purposes of this section `regular appropriation bill' 
means any regular appropriation bill (within the meaning given to such 
term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 
638)) 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.''.
            (2) 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.''.
            (3) The amendments made by this subsection shall apply with 
        respect to fiscal years beginning after September 30, 1995.
    (b) Point of Order Against Continuing Resolutions.--
            (1) It shall not be in order in the House of 
        Representatives or the Senate to consider or to vote on the 
        question of agreeing to any bill or joint resolution making 
        continuing appropriations for a fiscal year or any conference 
        report thereon.
            (2) Paragraph (1) may be waived or suspended in the Senate 
        by a vote of three-fifths of the Members, duly chosen and 
        sworn.
            (3) If the ruling of the presiding officer sustains a point 
        of order raised pursuant to paragraph (1), a vote of three-
        fifths of the Members duly chosen and sworn shall be required 
        to sustain an appeal of such ruling. Debate on any such appeal 
        shall be limited to two hours, to be equally divided between, 
        and controlled by, the majority leader and the minority leader 
        or their designees. An appeal of any such point of order is not 
        subject to a motion to table.
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