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[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>
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