HR 339
112th CONGRESS
1st Session
H. R. 339
To deem any adjournment of the House of Representatives which is
in effect on the date of the regularly scheduled general election for Federal
office held during a Congress to be adjournment sine die, and to amend title
31, United States Code, to provide for automatic continuing appropriations
if a regular appropriation bill for a fiscal year does not become law before
the date of the regularly scheduled general election for Federal office held
during such fiscal year.
IN THE HOUSE OF REPRESENTATIVES
January 19, 2011
Ms. JENKINS (for herself, Mr. PITTS, Mr. POMPEO, Mr. BRADY of Texas, Mr.
BROUN of Georgia, Mr. BURTON of Indiana, Mr. ROSS of Florida, Mr. KLINE, Mrs.
BIGGERT, Mrs. LUMMIS, Mr. GINGREY of Georgia, Mr. POSEY, Mr. WEST, Mr. HUNTER,
Mr. SENSENBRENNER, Mr. BILBRAY, Mrs. SCHMIDT, Mr. ROGERS of Alabama, Mr. SULLIVAN,
Mrs. MYRICK, Mr. MILLER of Florida, Mr. GRAVES of Missouri, Mr. LUETKEMEYER,
Mr. STIVERS, Mr. CRAWFORD, Mr. DUNCAN of South Carolina, and Mr. KELLY) introduced
the following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To deem any adjournment of the House of Representatives which is
in effect on the date of the regularly scheduled general election for Federal
office held during a Congress to be adjournment sine die, and to amend title
31, United States Code, to provide for automatic continuing appropriations
if a regular appropriation bill for a fiscal year does not become law before
the date of the regularly scheduled general election for Federal office held
during such fiscal year.
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 `End the Lame Duck Act'.
SEC. 2. MANDATORY SINE DIE ADJOURNMENT AFTER GENERAL ELECTION DATE.
(a) Mandatory Sine Die Adjournment- Except as provided in subsection (b),
if the House of Representatives stands adjourned on the date of the regularly
scheduled general election for Federal office during a Congress (beginning
with the One Hundred Twelfth Congress) pursuant to a concurrent resolution
providing for the adjournment of the House, the House shall be considered
to be adjourned sine die.
(b) Reassembly of Congress in Certain Circumstances-
(1) COUNTING OF ELECTORS- Nothing in subsection (a) shall be construed to
prohibit the Congress from meeting to count electoral votes pursuant to
section 15 of title 3, United States Code.
(2) PERMITTING REASSEMBLY UPON AGREEMENT OF LEADERSHIP- After the date described
in subsection (a), the Speaker of the House of Representatives and the majority
leader of the Senate, or their respective designees, acting jointly and
with the written agreement of the minority leader of the House and the minority
leader of the Senate, may notify the Members of the House and Senate, respectively,
to reassemble if each determines that it is in the interest of the United
States to do so.
SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS.
(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 before the date of the regularly scheduled general election for Federal
office held during 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, 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 regular appropriation bill
as passed by the House of Representatives or the Senate 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; or
`(D) 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, Food and Drug Administration, and Related
Agencies.
`(2) Commerce, Justice, Science, and Related Agencies.
`(3) Department of Defense.
`(4) Energy and Water Development and Related Agencies.
`(5) Financial Services and General Government.
`(6) Department of Homeland Security.
`(7) Department of the Interior, Environment, and Related Agencies.
`(8) Departments of Labor, Health and Human Services, Education, and Related
Agencies.
`(10) Military Construction and Veterans' Affairs.
`(11) Department of State, Foreign Operations, and Related Programs.
`(12) Transportation, Housing and Urban Development, and Related Agencies.'.
(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 amendments made by this section shall apply to fiscal
years beginning after September 30, 2012.
END
