I 

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 


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year does not become law before the date of the regularly 

scheduled general election for Federal office held during 

such fiscal year. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End the Lame Duck 

5 Act’’. 

6 SEC. 2. MANDATORY SINE DIE ADJOURNMENT AFTER GEN7 ERAL ELECTION DATE. 

8 (a) MANDATORY SINE DIE ADJOURNMENT.—Except 

9 as provided in subsection (b), if the House of Representa10 tives stands adjourned on the date of the regularly sched11 uled general election for Federal office during a Congress 

12 (beginning with the One Hundred Twelfth Congress) pur13 suant to a concurrent resolution providing for the adjourn14 ment of the House, the House shall be considered to be 

15 adjourned sine die. 

16 (b) REASSEMBLY OF CONGRESS IN CERTAIN CIR17 CUMSTANCES.— 

18 (1) COUNTING OF ELECTORS.—Nothing in sub19 section (a) shall be construed to prohibit the Con20 gress from meeting to count electoral votes pursuant 

21 to section 15 of title 3, United States Code. 

22 (2) PERMITTING REASSEMBLY UPON AGREE23 MENT OF LEADERSHIP.—After the date described in 


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1 subsection (a), the Speaker of the House of Rep2 resentatives and the majority leader of the Senate, 

3 or their respective designees, acting jointly and with 

4 the written agreement of the minority leader of the 

5 House and the minority leader of the Senate, may 

6 notify the Members of the House and Senate, re7 spectively, to reassemble if each determines that it 

8 is in the interest of the United States to do so. 

9 SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS. 

10 (a) IN GENERAL.—Chapter 13 of title 31, United 

11 States Code, is amended by inserting after section 1310 

12 the following new section: 

13 ‘‘§ 1311. Continuing appropriations 

14 ‘‘(a)(1) If any regular appropriation bill for a fiscal 

15 year does not become law before the date of the regularly 

16 scheduled general election for Federal office held during 

17 such fiscal year or a joint resolution making continuing 

18 appropriations is not in effect, there are appropriated, out 

19 of any money in the Treasury not otherwise appropriated, 

20 and out of applicable corporate or other revenues, receipts, 

21 and funds, such sums as may be necessary to continue 

22 any project or activity for which funds were provided in 

23 the preceding fiscal year— 

24 ‘‘(A) in the corresponding regular appropriation 

25 Act for such preceding fiscal year; or 


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1 ‘‘(B) if the corresponding regular appropriation 

2 bill for such preceding fiscal year did not become 

3 law, then in a joint resolution making continuing ap4 propriations for such preceding fiscal year. 

5 ‘‘(2) Appropriations and funds made available, and 

6 authority granted, for a project or activity for any fiscal 

7 year pursuant to this section shall be at a rate of oper8 ations not in excess of the lower of— 

9 ‘‘(A) the rate of operations provided for in the 

10 regular appropriation Act providing for such project 

11 or activity for the preceding fiscal year; 

12 ‘‘(B) in the absence of such an Act, the rate of 

13 operations provided for such project or activity pur14 suant to a joint resolution making continuing appro15 priations for such preceding fiscal year; 

16 ‘‘(C) the rate of operations provided for in the 

17 regular appropriation bill as passed by the House of 

18 Representatives or the Senate for the fiscal year in 

19 question, except that the lower of these two versions 

20 shall be ignored for any project or activity for which 

21 there is a budget request if no funding is provided 

22 for that project or activity in either version; or 

23 ‘‘(D) the annualized rate of operations provided 

24 for in the most recently enacted joint resolution 

25 making continuing appropriations for part of that 


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1 fiscal year or any funding levels established under 

2 the provisions of this Act. 

3 ‘‘(3) Appropriations and funds made available, and 

4 authority granted, for any fiscal year pursuant to this sec5 tion for a project or activity shall be available for the pe6 riod beginning with the first day of a lapse in appropria7 tions and ending with the earlier of— 

8 ‘‘(A) the date on which the applicable regular 

9 appropriation bill for such fiscal year becomes law 

10 (whether or not such law provides for such project 

11 or activity) or a continuing resolution making appro12 priations becomes law, as the case may be; or 

13 ‘‘(B) the last day of such fiscal year. 

14 ‘‘(b) An appropriation or funds made available, or au15 thority granted, for a project or activity for any fiscal year 

16 pursuant to this section shall be subject to the terms and 

17 conditions imposed with respect to the appropriation made 

18 or funds made available for the preceding fiscal year, or 

19 authority granted for such project or activity under cur20 rent law. 

21 ‘‘(c) Appropriations and funds made available, and 

22 authority granted, for any project or activity for any fiscal 

23 year pursuant to this section shall cover all obligations or 

24 expenditures incurred for such project or activity during 


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1 the portion of such fiscal year for which this section ap2 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 activ11 ity during a fiscal year if any other provision of law (other 

12 than an authorization of appropriations)— 

13 ‘‘(1) makes an appropriation, makes funds 

14 available, or grants authority for such project or ac15 tivity to continue for such period; or 

16 ‘‘(2) specifically provides that no appropriation 

17 shall be made, no funds shall be made available, or 

18 no authority shall be granted for such project or ac19 tivity to continue for such period. 

20 ‘‘(f) For purposes of this section, the term ‘regular 

21 appropriation bill’ means any annual appropriation bill 

22 making appropriations, otherwise making funds available, 

23 or granting authority, for any of the following categories 

24 of projects and activities: 


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1 ‘‘(1) Agriculture, Rural Development, Food and 

2 Drug Administration, and Related Agencies. 

3 ‘‘(2) Commerce, Justice, Science, and Related 

4 Agencies. 

5 ‘‘(3) Department of Defense. 

6 ‘‘(4) Energy and Water Development and Re7 lated Agencies. 

8 ‘‘(5) Financial Services and General Govern9 ment. 

10 ‘‘(6) Department of Homeland Security. 

11 ‘‘(7) Department of the Interior, Environment, 

12 and Related Agencies. 

13 ‘‘(8) Departments of Labor, Health and 

14 Human Services, Education, and Related Agencies. 

15 ‘‘(9) Legislative Branch. 

16 ‘‘(10) Military Construction and Veterans’ Af17 fairs. 

18 ‘‘(11) Department of State, Foreign Oper19 ations, and Related Programs. 

20 ‘‘(12) Transportation, Housing and Urban De21 velopment, and Related Agencies.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis of chap23 ter 13 of title 31, United States Code, is amended by in24 serting after the item relating to section 1310 the fol25 lowing new item: 

‘‘1311. Continuing appropriations.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to fiscal years beginning after Sep3 tember 30, 2012. 

Æ 


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