[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9434-S9436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Coats, Mr. Stevens, Mrs. 
        Hutchison, Mr. Abraham, Mr. Ashcroft, and Mr. Lott):
  S. 2013. A bill to amend title 31, United States Code, to provide for 
continuing appropriations in the absence of regular appropriations; to 
the Committee on Appropriations.


                 the government shutdown prevention act

  Mr. McCAIN. Mr. President, today Senators Coats, Stevens, Hutchison, 
Abraham, Ashcroft, and myself are introducing the Government Shutdown 
Prevention Act. This bill would statutorily create what is in essence a 
permanent backup CR. This special CR would govern if any appropriations 
acts do not become law.
  We all saw the effects of gridlock last year. The Government shut 
down and millions of people were affected. We want to ensure that 
another Government shutdown does not occur.
  Mr. President, this permanent backup CR would set spending at the 
lower of spending levels contained in:
  First, the previous year's appropriated levels; second, the House 
passed appropriations bill; third, the Senate passed appropriations 
bill; fourth, the President's Budget request; or fifth, any levels 
established by an independent CR passed by the Congress subsequent to 
the passage of this Act.
  The bill specifically notes that entitlements such as Social 
Security--as obligated by law--will be paid regardless of what 
appropriations bills are passed. I want to emphasize that entitlements 
are protected.
  This legislation does not erode the power of the appropriators and 
gives

[[Page S9435]]

them ample opportunity to do their job. As a matter of fact, we hope 
that Senators will realize that if they load up appropriations bills 
with nonrelated riders--which causes gridlock--that this permanent CR 
will kick in.
  I want to especially note the support of my good friend Senator 
Stevens. The Senator from Alaska is a senior member of the 
Appropriations Committee. His support of this bill is crucial and I 
thank him for it.
  Mr. President, last year's Government shutdown hurt many. Many needed 
social services could not be offered. We must prevent that from 
occurring. Additionally, it cost the Government a considerable amount 
of money. We cannot and should not waste the taxpayers dollars in that 
fashion.
  I want to raise one small example. During the last Government 
shutdown, I heard form people who work close to the Grand Canyon. These 
were not Government employees. They were independent small businessmen 
and women. They told me that the shutdown was costing them thousands of 
dollars because people couldn't go the park.
  The shutdown was not fair to them--it was not fair to anyone. This 
legislation would prevent a similar shutdown in the future. This bill 
will prevent gridlock, save money, and preserve needed Government 
services. I hope the Senate will soon act on this matter.
  I ask unanimous consent that the bill be printed in the Record.

                                S. 2013

       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 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 
     1997.
       (b) Sunset.--The amendments made by this Act shall sunset 
     and have no force or effect 6 years after the date of 
     enactment of this Act.

  Mr. COATS. Mr. President, I rise today with my colleague and friend, 
Senator John McCain, to introduce The Government Shutdown Prevention 
Act. This legislation will create a statutory continuing resolution 
[CR] that will ensure that the Government will not shut down again--
ever.
  The lessons from last year are clear. The public expects us to debate 
our differences vigorously but they don't want our differences to 
overwhelm our basic responsibility to govern. No one wins when the 
Government shuts down. Shutdowns only confirm the American people's 
suspicions that we are more interested in political gain than doing the 
Nation's business. People are tired of gridlock. They want the 
Government to work for them--not against them.
  I believe the legislation we are introducing today will go a long way 
toward ensuring that we do not once again disappoint the American 
people. Last year, the Republican Congress tried to do the right thing. 
We passed fiscally sound appropriations bills and the first balanced 
Federal budget in a generation. Unfortunately, President Clinton was 
more interested in playing politics with the budget. President 
Clinton's irresponsible vetoes of numerous appropriations bills and a 
continuing resolution shut the Federal Government down. It is time to 
show the American people we can do better.
  Now, we all know that the fiscal year ends on September 30 and we 
also know that day is approaching very quickly. Although the 
appropriators are working very diligently, the appropriations process 
is nowhere near complete. Not one of the appropriations bills has even

[[Page S9436]]

been sent to the President. My fear is that we are rapidly approaching 
a politically sensitive deadline in a political year--a virtual 
invitation for more budget gamesmanship on the part of the President.
  Our legislation preempts this gamesmanship by a safety net CR that 
will allow the Government to operate even if the appropriations process 
is not complete and even if negotiations on a larger CR are stalled.
  Neither party can afford another break of faith with the American 
people. Our constituents are tired of constantly being disappointed by 
the actions of Congress and the President. They are tired of us not 
being prepared for what appears to be the inevitable. This is why 
Senator McCain and I have introduced this legislation. We want the 
American people to know that there are some of us in Congress who are 
thinking ahead and who do not want a replay of last year.

  Both Senator McCain and myself have been vigilant in our fight 
against wasting the taxpayers dollars. The legislation will save 
taxpayer dollars because the Government programs will be funded at the 
lowest of the following spending levels:
  The previous year's appropriation bill or CR;
  The House-passed level;
  The Senate-passed level;
  The President's budget request; or
  The level outlined in the most recent CR.
  This legislation will restore the bias in appropriations negotiations 
toward saving the taxpayers money not spending it. It is worth noting 
that last year every time Congress went to the negotiating table the 
President demanded more money. Although Congress saved the taxpayer 
nearly $19 billion last year, without President Clinton's demands we 
could have saved $27 billion. Passage of this legislation will 
guarantee that we are not faced with a choice between a Government shut 
down and spending taxpayer dollars irresponsibly.
  Finally, the hammer of very low funding levels will keep pressure on 
both ends of Pennsylvania Avenue and both parties to get the 
appropriations work done.
  Again, this is a preventative measure to ensure that politics or 
stalled negotiations will not stop Government operations. The time has 
come to show the American people that we will not allow a Government 
shut down, or the threat of a Government shutdown, to be used for 
political gain.
  Time is running out. September 30 will be here in just 2 short 
months. We must be prepared in case election year politics get in the 
way of funding the Government. Senator McCain and I will be offering 
this legislation as an amendment to the first appropriations bill the 
Senate turns to following the recess. Let's not continue to disappoint 
an already disenchanted electorate. The time has come to take control 
and pass this legislation.
                                 ______