[Congressional Record Volume 157, Number 51 (Friday, April 8, 2011)]
[Senate]
[Page S2360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado:
  S. 784. A bill to prevent the shutdown of the Federal Government; to 
the Committee on Appropriations.
  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objeciton, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 784

       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.

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