End Federal Shutdowns Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1338 To provide for automatic continuing appropriations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2019 Mr. BROOKS of Alabama (for himself, Mr. MEADOWS, and Mr. HARRIS) intro- duced the following bill; which was referred to the Committee on Appro- priations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for automatic continuing appropriations, 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 ‘‘End Federal Shut- 4 downs Act of 2019’’. 5 SEC. 2. AUTOMATIC CONTINUING RESOLUTION. 6 (a) AMENDMENT TO TITLE 31.—Chapter 13 of title 7 31, United States Code, is amended by inserting after sec- 8 tion 1310 the following new section: 9 VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS 2 •HR 1338 IH ‘‘SEC. 1311. CONTINUING APPROPRIATIONS. 1 ‘‘(a)(1) If any regular appropriation bill for a fiscal 2 year does not become law prior to the beginning of such 3 fiscal year or a joint resolution making continuing appro- 4 priations is not in effect, there is appropriated, out of any 5 moneys in the Treasury not otherwise appropriated, and 6 out of applicable corporate or other revenues, receipts, and 7 funds, such sums as may be necessary to continue any 8 project or activity for which funds were provided in the 9 preceding fiscal year— 10 ‘‘(A) in the corresponding regular appro- 11 priation Act for such preceding fiscal year; or 12 ‘‘(B) if the corresponding regular appro- 13 priation bill for such preceding fiscal year did 14 not become law, then in a joint resolution mak- 15 ing continuing appropriations for such pre- 16 ceding fiscal year. 17 ‘‘(2) Appropriations and funds made available, 18 and authority granted, for a project or activity for 19 any fiscal year pursuant to this section shall be at 20 a rate of operations not in excess of the rate of oper- 21 ations provided for in the regular appropriation Act 22 providing for such project or activity for the pre- 23 ceding fiscal year, or in the absence of such an Act, 24 the rate of operations provided for such project or 25 VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS 3 •HR 1338 IH activity pursuant to a joint resolution making con- 1 tinuing appropriations for such preceding fiscal year. 2 ‘‘(3) Appropriations and funds made available, 3 and authority granted, for any fiscal year pursuant 4 to this section for a project or activity shall be avail- 5 able for the period beginning with the first day of 6 a lapse in appropriations and ending with the earlier 7 of— 8 ‘‘(A) the date on which the applicable reg- 9 ular appropriation bill for such fiscal year be- 10 comes law (whether or not such law provides 11 for such project or activity) or a continuing res- 12 olution making appropriations becomes law, as 13 the case may be, or 14 ‘‘(B) the last day of such fiscal year. 15 ‘‘(b) An appropriation or funds made available, or au- 16 thority granted, for a project or activity for any fiscal year 17 pursuant to this section shall be subject to the terms and 18 conditions imposed with respect to the appropriation made 19 or funds made available for the preceding fiscal year, or 20 authority granted for such project or activity under cur- 21 rent law. 22 ‘‘(c) Appropriations and funds made available, and 23 authority granted, for any project or activity for any fiscal 24 year pursuant to this section shall cover all obligations or 25 VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS 4 •HR 1338 IH expenditures incurred for such project or activity during 1 the portion of such fiscal year for which this section ap- 2 plies to such project or activity. 3 ‘‘(d) Expenditures made for a project or activity for 4 any fiscal year pursuant to this section shall be charged 5 to the applicable appropriation, fund, or authorization 6 whenever a regular appropriation bill or a joint resolution 7 making continuing appropriations until the end of a fiscal 8 year providing for such project or activity for such period 9 becomes law. 10 ‘‘(e) This section shall not apply to a project or activ- 11 ity during a fiscal year— 12 ‘‘(1) with respect to any portion of such fiscal 13 year for which authorizations for appropriations 14 have not been enacted for such project or activity; 15 or 16 ‘‘(2) if any other provision of law (other than 17 an authorization of appropriations)— 18 ‘‘(A) makes an appropriation, makes funds 19 available, or grants authority for such project 20 or activity to continue for such period, or 21 ‘‘(B) specifically provides that no appro- 22 priation shall be made, no funds shall be made 23 available, or no authority shall be granted for 24 VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS 5 •HR 1338 IH such project or activity to continue for such pe- 1 riod. 2 ‘‘(f) For purposes of this section, the term ‘regular 3 appropriation bill’ means any annual appropriation bill 4 making appropriations, otherwise making funds available, 5 or granting authority, for any of the following categories 6 of projects and activities: 7 ‘‘(1) Agriculture, rural development, and re- 8 lated agencies programs. 9 ‘‘(2) The Departments of Commerce, Justice, 10 and State, the judiciary, and related agencies. 11 ‘‘(3) The Department of Defense. 12 ‘‘(4) The Government of the District of Colum- 13 bia and other activities chargeable in whole or in 14 part against the revenues of the District. 15 ‘‘(5) The Departments of Labor, Health and 16 Human Services, and Education, and related agen- 17 cies. 18 ‘‘(6) The Department of Housing and Urban 19 Development, and sundry independent agencies, 20 boards, commissions, corporations, and offices. 21 ‘‘(7) Energy and water development. 22 ‘‘(8) Foreign assistance and related programs. 23 ‘‘(9) The Department of the Interior and re- 24 lated agencies. 25 VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS 6 •HR 1338 IH ‘‘(10) Military construction. 1 ‘‘(11) The Department of Transportation and 2 related agencies. 3 ‘‘(12) The Treasury Department, the U.S. 4 Postal Service, the Executive Office of the President, 5 and certain independent agencies. 6 ‘‘(13) The legislative branch.’’. 7 (b) CONFORMING AMENDMENT.—Section 202(e)(3) 8 of the Congressional Budget Act of 1974 is amended by 9 inserting ‘‘and on or before September 30’’ before ‘‘of each 10 year’’. 11 (c) CHAPTER ANALYSIS.—The analysis of chapter 13 12 of title 31, United States Code, is amended by inserting 13 after the item relating to section 1310 the following new 14 item: 15 ‘‘1311. Continuing appropriations.’’. (d) EFFECT OF AMENDMENTS.—Nothing in the 16 amendments made by this subsection shall be construed 17 to affect Government obligations mandated by other law, 18 including obligations with respect to Social Security, Medi- 19 care, and Medicaid. 20 Æ VerDate Sep 11 2014 03:52 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1338.IH H1338 kjohnson on DSK79L0C42 with BILLS