H.R. 339 (112th): End the Lame Duck Act

112th Congress, 2011–2013. Text as of Jan 19, 2011 (Introduced).

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112th CONGRESS

1st Session

H. R. 339

IN THE HOUSE OF REPRESENTATIVES

January 19, 2011

(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.

1.

Short title

This Act may be cited as the End the Lame Duck Act.

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.

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:

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.