End the Lame Duck Act - Considers the House of Representatives to be adjourned sine die if it stands adjourned on the date of the regularly scheduled general election for federal office during a Congress (beginning with the 112th Congress) pursuant to a concurrent resolution providing for the adjournment of the House.
Authorizes the Speaker of the House and the Majority Leader of the Senate, or their respective designees, acting jointly and with the written agreement of the Minority Leaders of both chambers, to notify the Members of the House and Senate to reassemble if each determines that it is in the interest of the United States to do so.
Provides 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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 339 Introduced in House (IH)]
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.
``(9) Legislative Branch.
``(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.
<all>
Introduced in House
Introduced in House
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.
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.
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