[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 784 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 784

           To prevent the shutdown of the Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2011

  Mr. Udall of Colorado 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.

    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 ``Preventing a Government Shutdown 
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, 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.
                                 <all>