I 

111TH CONGRESS 

2D SESSION H. R. 5842 

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 

JULY 22, 2010 

Ms. JENKINS 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. 


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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 Tenth Congress) pursu13 ant 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) PERMITTING REASSEMBLY IN CASE OF NA17 TIONAL EMERGENCY.—After the date described in sub18 section (a), the Speaker of the House of Representatives 

19 and the Majority Leader of the Senate, or their respective 

20 designees, acting jointly after consultation with the Minor21 ity Leader of the House and the Minority Leader of the 

22 Senate, may notify the Members of the House and Senate, 

23 respectively, to reassemble if they determine that the exist24 ence of a national emergency warrants it. 


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1 SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS. 

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

3 States Code, is amended by inserting after section 1310 

4 the following new section: 

5 ‘‘§ 1311. Continuing appropriations 

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

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

8 scheduled general election for Federal office held during 

9 such fiscal year or a joint resolution making continuing 

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

11 of any money in the Treasury not otherwise appropriated, 

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

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

14 any project or activity for which funds were provided in 

15 the preceding fiscal year— 

16 ‘‘(A) in the corresponding regular appropriation 

17 Act for such preceding fiscal year; or 

18 ‘‘(B) if the corresponding regular appropriation 

19 bill for such preceding fiscal year did not become 

20 law, then in a joint resolution making continuing ap21 propriations for such preceding fiscal year. 

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

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

24 year pursuant to this section shall be at a rate of oper25 ations not in excess of the lower of— 


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

2 regular appropriation Act providing for such project 

3 or activity for the preceding fiscal year; 

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

5 operations provided for such project or activity pur6 suant to a joint resolution making continuing appro7 priations for such preceding fiscal year; 

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

9 regular appropriation bill as passed by the House of 

10 Representatives or the Senate for the fiscal year in 

11 question, except that the lower of these two versions 

12 shall be ignored for any project or activity for which 

13 there is a budget request if no funding is provided 

14 for that project or activity in either version; or 

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

16 for in the most recently enacted joint resolution 

17 making continuing appropriations for part of that 

18 fiscal year or any funding levels established under 

19 the provisions of this Act. 

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

21 authority granted, for any fiscal year pursuant to this sec22 tion for a project or activity shall be available for the pe23 riod beginning with the first day of a lapse in appropria24 tions and ending with the earlier of— 


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

2 appropriation bill for such fiscal year becomes law 

3 (whether or not such law provides for such project 

4 or activity) or a continuing resolution making appro5 priations becomes law, as the case may be; or 

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

7 ‘‘(b) An appropriation or funds made available, or au8 thority granted, for a project or activity for any fiscal year 

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

10 conditions imposed with respect to the appropriation made 

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

12 authority granted for such project or activity under cur13 rent law. 

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

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

16 year pursuant to this section shall cover all obligations or 

17 expenditures incurred for such project or activity during 

18 the portion of such fiscal year for which this section ap19 plies to such project or activity. 

20 ‘‘(d) Expenditures made for a project or activity for 

21 any fiscal year pursuant to this section shall be charged 

22 to the applicable appropriation, fund, or authorization 

23 whenever a regular appropriation bill or a joint resolution 

24 making continuing appropriations until the end of a fiscal 


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1 year providing for such project or activity for such period 

2 becomes law. 

3 ‘‘(e) This section shall not apply to a project or activ4 ity during a fiscal year if any other provision of law (other 

5 than an authorization of appropriations)— 

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

7 available, or grants authority for such project or ac8 tivity to continue for such period; or 

9 ‘‘(2) specifically provides that no appropriation 

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

11 no authority shall be granted for such project or ac12 tivity to continue for such period. 

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

14 appropriation bill’ means any annual appropriation bill 

15 making appropriations, otherwise making funds available, 

16 or granting authority, for any of the following categories 

17 of projects and activities: 

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

19 Drug Administration, and Related Agencies. 

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

21 Agencies. 

22 ‘‘(3) Department of Defense. 

23 ‘‘(4) Energy and Water Development and Re24 lated Agencies. 


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1 ‘‘(5) Financial Services and General Govern2 ment. 

3 ‘‘(6) Department of Homeland Security. 

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

5 and Related Agencies. 

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

7 Human Services, Education, and Related Agencies. 

8 ‘‘(9) Legislative Branch. 

9 ‘‘(10) Military Construction and Veterans’ Af10 fairs. 

11 ‘‘(11) Department of State, Foreign Oper12 ations, and Related Programs. 

13 ‘‘(12) Transportation, Housing and Urban De14 velopment, and Related Agencies.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis of chap16 ter 13 of title 31, United States Code, is amended by in17 serting after the item relating to section 1310 the fol18 lowing new item: 

‘‘1311. Continuing Appropriations.’’. 

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

20 this section shall apply to fiscal years beginning after Sep21 tember 30, 2010. 

Æ 


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