[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6863 Introduced in House (IH)]







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 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 (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, 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;
            ``(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 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 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) Notwithstanding any other provision of this Act, this Act 
imposes no prohibition on funds being expended--
            ``(1) to prepare or publish final regulations regarding 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 conduct oil and 
        natural gas preleasing, leasing and related activities in the 
        mid-Atlantic and South Atlantic planning areas.
    ``(g) 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 Departments of Commerce, Justice, Science, and 
        related agencies.
            ``(3) The Department of Defense.
            ``(4) Energy and water development, and related agencies.
            ``(5) Financial services and general government.
            ``(6) The Department of Homeland Security.
            ``(7) The Department of the Interior, environment, and 
        related agencies.
            ``(8) The Departments of Labor, Health and Human Services, 
        and Education, and related agencies.
            ``(9) The legislative branch.
            ``(10) Military construction and veterans affairs.
            ``(11) The Department of State, foreign operations, and 
        related programs.
            ``(12) The Departments of Transportation, Housing and Urban 
        Development, and related agencies.''.
    (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.''.
                                 <all>