1.This Act may be cited as
the Preventing a Government Shutdown
Act
.
2.
(a)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)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)The amendment made by this section shall apply to fiscal
years beginning fiscal year 2011.