Preventing Future Shutdowns Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1124 To amend title 31, United States Code, to provide for continuing appropria- tions in the absence of regular appropriations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 8, 2019 Mr. DESJARLAIS introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend title 31, United States Code, to provide for con- tinuing appropriations in the absence of regular appro- priations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Future 4 Shutdowns Act of 2019’’. 5 SEC. 2. AMENDMENT TO TITLE 31. 6 (a) IN GENERAL.—Chapter 13 of title 31, United 7 States Code, is amended by inserting after section 1310 8 the following new section: 9 VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1124 IH ‘‘§ 1311. Continuing Appropriations 1 ‘‘(a) IN GENERAL.—If any regular appropriation bill 2 for a fiscal year does not become law prior to the begin- 3 ning of such fiscal year or a joint resolution making con- 4 tinuing appropriations is not in effect, there is appro- 5 priated, out of money in the Treasury not otherwise appro- 6 priated, such sums as may be necessary to continue any 7 program, project, and activity for which funds were pro- 8 vided in the preceding fiscal year— 9 ‘‘(1) in the corresponding regular appropriation 10 Act for such preceding fiscal year; 11 ‘‘(2) if the corresponding regular appropriation 12 bill for such preceding fiscal year did not become 13 law, then in a joint resolution making continuing ap- 14 propriations for such fiscal year; or 15 ‘‘(3) if the corresponding regular appropriation 16 bill or a joint resolution making appropriations for 17 a fiscal year did not become law, in the most re- 18 cently enacted joint resolution making continuing 19 appropriations for part of that fiscal year or any 20 funding levels established under the provisions of 21 this Act. 22 ‘‘(b) LEVEL OF APPROPRIATION.—Appropriations 23 and funds made available, and authority granted, for a 24 program, project, and activity for any fiscal year pursuant 25 to this section shall be at a rate of operations— 26 VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1124 IH ‘‘(1) with respect to any non-defense discre- 1 tionary account, of 95 percent of the rate of oper- 2 ations provided for that account in the appropria- 3 tions measure providing for such program, project, 4 or activity for the preceding fiscal year; and 5 ‘‘(2) with respect to any defense discretionary 6 account, of 100 percent of the rate of operations 7 provided for that account in the appropriations 8 measure providing for such program, project, or ac- 9 tivity for the preceding fiscal year. 10 ‘‘(c) TIMING OF APPROPRIATIONS AND AUTHORITY 11 GRANTED.—Appropriations and funds made available, 12 and authority granted, for any fiscal year pursuant to this 13 section for a project or activity shall be available for the 14 period beginning with the first day of a lapse in appropria- 15 tions and ending with the date on which the applicable 16 regular appropriation bill for such fiscal year becomes law 17 or a continuing resolution making appropriations becomes 18 law. 19 ‘‘(d) TERMS AND CONDITIONS OF APPROPRIATIONS 20 OR AUTHORITY GRANTED.—An appropriation of funds 21 made available, or authority granted, for a project or ac- 22 tivity for any fiscal year pursuant to this section shall be 23 subject to the terms and conditions imposed with respect 24 to the appropriation made or funds made available for the 25 VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1124 IH preceding fiscal year, or authority granted for such pro- 1 gram, project, and activity under current law. 2 ‘‘(e) EXTENT OF APPROPRIATIONS.—Appropriations 3 and funds made available, and authority granted, for any 4 project or activity for any fiscal year pursuant to this sec- 5 tion shall cover all obligations or expenditures incurred for 6 such project or activity during the portion of such fiscal 7 year for which this section applies to such program, 8 project, and activity. 9 ‘‘(f) CONTINUATION OF APPROPRIATIONS.—If this 10 section is in effect at the end of a fiscal year, funding 11 levels shall continue as provided in this section for the next 12 fiscal year. 13 ‘‘(g) EXPENDITURES.—Expenditures made for a 14 project or activity for any fiscal year pursuant to this sec- 15 tion shall be charged to the applicable appropriation, fund, 16 or authorization whenever a regular appropriation bill or 17 a joint resolution making continuing appropriations until 18 the end of a fiscal year providing for such program, 19 project, and activity for such period becomes law. 20 ‘‘(h) EXCEPTION FOR CERTAIN PROJECTS OR AC- 21 TIVITIES.—This section shall not apply to a program, 22 project, and activity during a fiscal year if any other provi- 23 sion of law, other than an authorization of appropria- 24 tions— 25 VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1124 IH ‘‘(1) makes an appropriation, makes funds 1 available, or grants authority for such program, 2 project, and activity to continue for such period; or 3 ‘‘(2) specifically provides that no appropriation 4 shall be made, no funds shall be made available, or 5 no authority shall be granted for such program, 6 project, and activity to continue for such period. 7 ‘‘(i) DEFINITIONS.—In this section, the following 8 definitions apply: 9 ‘‘(1) DEFENSE DISCRETIONARY ACCOUNT.— 10 The term ‘defense discretionary account’ means any 11 discretionary account that provides appropriations 12 for— 13 ‘‘(A) the Department of Defense; 14 ‘‘(B) the Department of Homeland Secu- 15 rity; 16 ‘‘(C) the Department of Veterans Affairs; 17 ‘‘(D) military construction; 18 ‘‘(E) projects or activities related to vet- 19 erans affairs; or 20 ‘‘(F) the Department of Energy defense 21 activities. 22 ‘‘(2) NON-DEFENSE DISCRETIONARY AC- 23 COUNT.—The term ‘non-defense discretionary ac- 24 VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1124 IH count’ means any discretionary account other than 1 defense discretionary accounts.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 for chapter 13 of title 31, United States Code, is amended 4 by inserting after the item relating to section 1310 the 5 following: 6 ‘‘1311. Continuing appropriations.’’. (c) EFFECTIVE DATE.—The amendment made by 7 this section shall apply with respect to any lapse of appro- 8 priation beginning on the date of the enactment of this 9 Act. 10 Æ VerDate Sep 11 2014 19:24 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1124.IH H1124 pamtmann on DSKBFK8HB2PROD with BILLS