[Congressional Record Volume 143, Number 45 (Wednesday, April 16, 1997)]
[Extensions of Remarks]
[Page E671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E671]]
           THE GEKAS GOVERNMENT SHUTDOWN PREVENTION AMENDMENT

                                 ______
                                 

                          HON. GEORGE W. GEKAS

                            of pennsylvania

                    in the house of representatives

                       Wednesday, April 16, 1997

  Mr. GEKAS. Mr. Speaker, in approximately 2 weeks the U.S. House of 
Representatives will be voting on fiscal year 1997 supplemental 
appropriations bills. At the appropriate time, I intend to appear 
before the House Rules Committee to request that my Government shutdown 
prevention amendment be made in order. My amendment will provide fiscal 
year 1997 spending levels to continue at 98 percent through the end of 
fiscal year 1998, in the absence of regular appropriations or a 
continuing resolution.
  Since my election to the House of Representatives in 1982, I have 
witnessed the enactment of 53 different continuing resolutions, 
including a whopping 14 during the 104th Congress alone. The absence of 
either a budget agreement or a stopgap spending bill has resulted in 
eight partial Government shutdowns during my 14 years in Congress.
  In February 1989, I introduced legislation to put an end to these 
senseless interruptions of government operations. As originally 
drafted, my Automatic Continuing Resolution Act would allow the 
Government to continue to function at the prior year's funding levels 
should a lapse in appropriations occur. I often referred to this 
legislation as my instant replay bill, since it was a repeat of the 
previous year's appropriations measures.
  Mr. Speaker, at the time, I knew I was facing an uphill battle in a 
long war. After all, the threat of a shutdown is one of the most 
effective weapons in the congressional arsenal. Every fiscal year, the 
then Democrat-led Congress routinely placed Presidents Reagan and Bush 
in the position of accepting its budget priorities, or else. If the 
White House refused to cooperate, Congress would grind large portions 
of the Federal Government to a complete halt. The shutdown threat, 
coupled and the public outcry that inevitably results from a lull in 
Government services, forced both Presidents to grudgingly submit to 
congressional spending priorities.
  Obviously, a Congress jealous of its prerogatives was not going to 
give up this exceedingly effective tactic overnight. So I bided my 
time, and gradually garnered support for my legislation during the 
101st, 102d, 103d, and 104th Congresses.
  Mr. Speaker, without question, the time for enactment of the Gekas 
Government shutdown prevention amendment is now. The shutdown debacle 
of last winter has underscored the need to keep the Government 
operating without interruption. The 27-day shutdown jolted America's 
confidence in its elected officials, and caused reverberations that can 
still be felt today. We need to restore the public's faith in its 
leaders by showing that we have learned from our mistakes. Enactment of 
this amendment will send a clear message to the American people that we 
will no longer allow them to be pawns in budget disputes between 
Congress and the White House.

Amendment to H.R. --, as Reported, Offered by Mr. Gekas of Pennsylvania

       At the appropriate place, add the following new title:

             TITLE ____--PREVENTION OF GOVERNMENT SHUTDOWN


                              SHORT TITLE

       Sec. ____. This title may be cited as the ``Government 
     Shutdown Prevention Act''.


                           continuing funding

       Sec. ____. (a) If any regular appropriation bill for fiscal 
     year 1998 does not become law prior to the beginning of 
     fiscal year 1998 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 program, 
     project, or activity for which funds were provided in fiscal 
     year 1997.
       (b) Appropriations and funds made available, and authority 
     granted, for a program, project, or activity for fiscal year 
     1998 pursuant to this title shall be at 98 percent of the 
     rate of operations that was provided for the program, 
     project, or activity in fiscal year 1997 in the corresponding 
     regular appropriation Act for fiscal year 1997.
       (c) Appropriations and funds made available, and authority 
     granted, for fiscal year 1998 pursuant to this title for a 
     program, 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--
       (1) the date on which the applicable regular appropriation 
     bill for fiscal year 1998 becomes law (whether or not that 
     law provides for that program, project, or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be; or
       (2) the last day of fiscal year 1998.


                          terms and conditions

       Sec. ____. (a) An appropriation of funds made available, or 
     authority granted, for a program, project, or activity for 
     fiscal year 1998 pursuant to this title shall be made 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act for fiscal year 
     1997, including all of the terms and conditions and the 
     apportionment schedule imposed with respect to the 
     appropriation made or funds made available for fiscal year 
     1997 or authority granted for the program, project, or 
     activity under current law.
       (b) Appropriations made by this title shall be available to 
     the extent and in the manner which would be provided by the 
     pertinent appropriations Act.


                                coverage

       Sec. ____. Appropriations and funds made available, and 
     authority granted, for any program, project, or activity for 
     fiscal year 1998 pursuant to this title shall cover all 
     obligations or expenditures incurred for that program, 
     project, or activity during the portion of fiscal year 1998 
     for which this title applies to that program, project, or 
     activity.


                              expenditures

       Sec. ____. Expenditures made for a program, project, or 
     activity for fiscal year 1998 pursuant to this title 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 fiscal year 1998 providing for that program, project, 
     or activity for that period becomes law.


         initiating or resuming a program, project, or activity

       Sec. ____. No appropriation or funds made available or 
     authority granted pursuant to this title shall be used to 
     initiate or resume any program, project, or activity for 
     which appropriations, funds, or other authority were not 
     available during fiscal year 1997.


                    protection of other obligations

       Sec. ____. Nothing in this title shall be construed to 
     effect Government obligations mandated by other law, 
     including obligations with respect to Social Security, 
     Medicare, Medicaid, and veterans benefits.


                               definition

       Sec. ____. In this title, 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 programs, 
     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 Departments of Veterans and 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.

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