Order Code RL34597
Annual Appropriations Acts:
Consideration During Lame-Duck Sessions
July 25, 2008
Robert Keith
Specialist in American National Government
Government and Finance Division
Annual Appropriations Acts:
Consideration During Lame-Duck Sessions
Summary
Six of the past seven Consideration
During Lame-Duck Sessions
Jessica Tollestrup
Analyst on Congress and the Legislative Process
August 25, 2010
Congressional Research Service
7-5700
www.crs.gov
RL34597
CRS Report for Congress
Prepared for Members and Committees of Congress
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Summary
Seven of the past eight Congresses, covering the 103rd Congress through the 109th
110th Congress, have
concluded with a lame-duck session (no such session occurred in
1996, during the 104th
Congress). The consideration of annual appropriations acts
has been an important element of
some, but not all, of these lame-duck sessions.
While Although no annual appropriation acts were
considered during lame-duck sessions held
in 1994, 1998, and 2008 and 1998, a total of 14 regular and 11
continuing appropriations acts were
considered and subsequently enacted into law during the four
other lame-duck
sessions held in 2000, 2002, 2004, and 2006.
As election day (Tuesday, November 4, 2008) draws nearer, House and Senate
leaders have indicated their desire to avoid a lame-duck session at the end of the 110th
Congress. Both House and Senate leaders tentatively have set a target date for sine
die adjournment of Friday, September 26.
One concern raised by the possibility of a sine die adjournment in late
September is the status of regular appropriations acts for FY2009. FY2009 begins
on October 1, 2008. sessions held in 2000, 2002, 2004, and 2006.
Although some (and occasionally all) regular appropriations acts
may be enacted into law before
the start of the fiscal year, in recent decades it has
been common for many regular appropriations
acts to be enacted after the start of the
fiscal year, during the last quarter of the calendar year, or even during the following
session.
Significant disagreements over the appropriate levels of total discretionary
spending for FY2009 and other issues between President George W. Bush and
Democratic leaders of the House and Senate are expected to impede final action on
the FY2009 regular appropriations acts. Congressional leaders have signaled their
desire to complete action on the Defense Appropriations Act for FY2009 and the
Military Construction-VA Appropriations Act for FY2009, but whether action on
these or any of the remaining regular appropriations acts for the fiscal year will be
completed is uncertain.
This report provides information on the consideration of annual appropriations
acts in connection with lame-duck sessions occurring between 1994 and 2006 as
background for the possibility of such a session this year.
A total of 109 annual appropriations acts — 67 regular appropriations acts and
42 continuing appropriations acts — were enacted into law during the period
covering 1994 through 2006. With respect to the 67 regular appropriations acts, 42
were enacted into law before the beginning of the applicable lame-duck session, 14
were enacted during the lame-duck session, and 11 were enacted afterwards. With
respect to the 42 continuing appropriations acts, 27 were enacted into law before the
beginning of the applicable lame-duck session, 11 were enacted during the lame-duck
session, and four were enacted afterwards.
The report will be updated as developments warrant.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Overview of Action on Appropriations Acts Before, During, and After
Lame-Duck Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Regular Appropriations Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Continuing Appropriations Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Summary of Action on Appropriations Acts in Lame-Duck Sessions
Held in 1994-2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1994 and 1998 Lame-Duck Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2000 Lame-Duck Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2002 Lame-Duck Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2004 Lame-Duck Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
The 2006 Lame-Duck Session (109th Congress) . . . . . . . . . . . . . . . . . . . . . 11
List of Figures
Figure 1. Regular Appropriations Acts Enacted Before, During, and After
Lame-Duck Sessions: 1994-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
List of Tables
Table 1. Party Control of Government During
Lame-Duck Sessions: 1994-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Table 2. Enactment of Regular Appropriations Acts into Law
Before, During, and After Lame-Duck Sessions: 1994-2006 . . . . . . . . . . . . 6
Table 3. Enactment of Continuing Appropriations Acts into Law
Before, During, and After Lame-Duck Sessions: 1994-2006 . . . . . . . . . . . . 8
Table 4. Annual Appropriations Acts Enacted into Law During
Lame-Duck Sessions: 1994-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Annual Appropriations Acts:
Consideration During Lame-Duck Sessions
Six of the past seven Congresses, covering the 103rd Congress through the 109th
Congress, have concluded with a lame-duck session (no such session occurred in
1996, during the 104th Congress). The consideration of annual appropriations acts
has been an important element of some, but not all, of these lame-duck sessions.
While no annual appropriation acts were considered during lame-duck sessions held
in 1994 and 1998, a total of 14 regular and 11 continuing appropriations acts were
considered and subsequently enacted into law during the four other lame-duck
sessions held in 2000, 2002, 2004, and 2006.
As election day (Tuesday, November 4, 2008) draws nearer, House and Senate
leaders have indicated their desire to avoid a lame-duck session at the end of the 110th
Congress. Both House and Senate leaders tentatively have set a target date for sine
die adjournment of Friday, September 26.1 Under a sine die adjournment, the House
and Senate would not meet, and no further legislative action would occur, until the
convening of the 111th Congress in January 2009 (unless emergency circumstances
arose and the 110th Congress reconvened).
One concern raised by the possibility of a sine die adjournment in late
September is the status of regular appropriations acts for FY2009. FY2009 begins
on October 1, 2008. Although some (and occasionally all) regular appropriations acts
may be enacted into law before the start of the fiscal year, in recent decades it has
been common for many regular appropriations acts to be enacted after the start of the
fiscal year, during the last quarter of the calendar year.2 In some instances, the
enactment of regular appropriations acts has carried over to the following session.
Significant disagreements over the appropriate levels of total discretionary
spending for FY2009 and other issues between President George W. Bush and
Democratic leaders of the House and Senate are expected to impede final action on
the FY2009 regular appropriations acts. Congressional leaders have signaled their
desire to complete action on the Defense Appropriations Act for FY2009 and the
1
T he House schedule for the 2008 session is provided at:
[http://www.house.gov/house/House_Calendar.shtml]. See also: (1) BNA’s Daily Report
for Executives, “Hoyer Remains Committed to Adjourn House September 26, Despite Heavy
Agenda,” by Jonathan Nicholson, July 10, 2008, no. 132, p. N-1; and (2) The Hill, “Senate
Agrees to September 26 Adjournment Date,” by Alexander Bolton, July 9, 2008, available
at [http://www.thehill.com].
2
Regular appropriations acts may be enacted as freestanding measures or as part of an
omnibus appropriations act. For additional information on the latter, see CRS Report
RL32473, Omnibus Appropriations Acts: Overview of Recent Practices, by Robert Keith.
CRS-2
Military Construction-VA Appropriations Act for FY2009, but whether action on
these or any of the remaining regular appropriations acts for the fiscal year will be
completed is uncertain.3 Media reports have suggested that funding for most of the
regular appropriations acts may be provided under a continuing appropriations act
into the early months of the 2009 session, when the issue of such funding can be
revisited with the new President. Such a course of action, however, is not immune
from criticism because it would impose restrictive funding levels on agencies for a
considerable portion of the fiscal year (i.e., about four months or more), which could
undermine agency planning and efficient operations.
This report provides information on the consideration of annual appropriations
acts in connection with lame-duck sessions occurring between 1994 and 2006 as
background for the possibility of such a session this year.
Background
A lame-duck session occurs during the period following election day, which is
the Tuesday after the first Monday in November of each even-numbered year, and
before the convening of a new Congress about two months later in early January.
(Under the 20th Amendment to the Constitution, Congress is required to convene at
noon on January 3, unless by statute it designates a different day for convening; in
recent years, a new Congress has convened during the first week of January in each
odd-numbered year, but not necessarily on January 3. In 2009, January 3 occurs on
a Saturday.)4
A “lame duck” session of Congress is one that takes place after the election for
the next Congress has been held, but before the current Congress has reached the
end of its constitutional term. Under contemporary conditions, any meeting of
Congress that occurs between a congressional election in November and the
following January 3 is a lame duck session. The significant characteristic of a
lame duck session is that its participants are the sitting Members of the existing
Congress, not those who will be entitled to sit in the new Congress.5
Several factors may contribute to the occurrence of lame-duck sessions,
including the need to deal with unfinished business or urgent matters that have arisen
suddenly. The consideration of legislative proposals, particularly those with
significant budgetary implications, sometimes is postponed until a lame-duck
session, often to avoid the need for politically difficult votes before an election.
3
See, for example: (1) CQ Today, “Democratic Leaders Say Defense Spending Bill Will
Pass This Year,” by Liriel Higa, July 17, 2008; and (2) CQ Today, “Veterans’ Spending
Scheduled for House Floor; Defense Markup Also Set,” by David Clarke and Josh Rogin,
July 24, 2008.
4
Section 2 of the 20th Amendment states: “The Congress shall assemble at least once in
every year, and such meeting shall begin at noon on the 3d day of January, unless they shall
by law appoint a different day.” See “Constitution Annotated” on the CRS Website at:
[http://www.crs.gov/products/conan/WC01001.shtml]
5
CRS Report RL33677, Lame Duck Sessions of Congress, 1935-2004 (74th-108th
Congresses), by Richard S. Beth, p. 1.
CRS-3
Consideration of a measure raising the statutory limit on the public debt by $800
billion (to $8.184 trillion), for example, was postponed in 2004 until the lame-duck
session; the measure was signed into law by President George W. Bush on November
19, 2004 as P.L. 108-415 (118 Stat. 2337).
Lame-duck sessions have been used in recent years for various purposes,
including efforts to bring action on regular appropriations acts for a fiscal year to a
close. In addition to action on appropriations measures, lame-duck sessions have
been used for such matters as the consideration of authorization measures for the
Department of Defense and intelligence activities, the finalization of a measure
establishing the Department of Homeland Security, and impeachment proceedings
against President Bill Clinton by the House.
Sixteen lame-duck sessions occurred between 1935 and 2006.6 Ten of the 16
lame-duck sessions occurred during the half-century covering the decades of the
1940s through the 1980s, an average of one every five years.
The use of such sessions, however, has become more common in recent years,
occurring about twice as frequently. The remaining six lame-duck sessions, which
occurred in 1994, 1998, 2000, 2002, 2004, and 2006, covered a span of seven
Congresses, an average of one about every 2.3 years. As Table 1 shows, lame-duck
sessions during this period occurred whether party control of the federal government
was unified (i.e., the same party controlled the presidency and both chambers of
Congress, as in 1994, 2004, and 2006) or divided. Further, lame-duck sessions
occurred in presidential election years (2000 and 2004) as well as non-presidential
election years.
Overview of Action on Appropriations Acts Before, During,
and After Lame-Duck Sessions
In recent years, covering calendar years 1994 through 2006, lame-duck sessions
have in some instances afforded Congress an opportunity to complete action on
regular appropriations acts for a fiscal year. In other instances, lame-duck sessions
played little or no role in this regard, as action on regular appropriations acts was
completed well before or after a lame-duck session. A total of 67 regular
appropriations acts were enacted into law during this period, including 34 that were
enacted separately and 33 that were included in omnibus measures. Nine regular
appropriations acts were not enacted into law.
In addition, a total of 42 continuing appropriations acts were enacted into law
during this period. Like regular appropriations acts, the continuing appropriations
acts were an important element in some, but not all, of the lame-duck sessions.
6
CRS Report RL33677, ibid., identifies 15 lame-duck sessions between 1935 and 2004 (see
Table 1), and one more occurred in 2006. According to the report, “[T]he possibility of a
lame duck session of Congress in the modern sense began in 1935, when the 20th
Amendment to the Constitution took effect” (p. 1).
CRS-4
Table 1. Party Control of Government During
Lame-Duck Sessions: 1994-2006
Lame-Duck Session
Congress
Dates
Duration
(in days)
Party Control
Presidency
House
Senate
103rd
11/29-12/1
1994
3
D
(Clinton)
D
D
104th
[none]
—
D
(Clinton)
R
R
105th
12/17-12/19
1998
3
D
(Clinton)
R
R
106th
11/13-12/15
2000
33
D
(Clinton)
R
R
107th
11/7-11/22
2002
16
R
(GW Bush)
R
D
108th
11/16-12/8
2004
23
R
(GW Bush)
R
R
109th
11/9-12/9
2006
31
R
(GW Bush)
R
R
Source: Prepared by the Congressional Research Service.
Notes: “D” refers to the Democratic Party and “R” refers to the Republican Party.
“Duration” refers to the span of days from the first date to the last date that the House, the
Senate, or both were in session, not to the number of days that one or both chambers were
in session during that period. In 2002, the House and Senate held pro forma sessions
without adjourning until the election on November 5; thus, the lame-duck session may be
regarded as commencing on the next day of session after the election, November 7, but
legislative action did not resume until November 12. In 2006, the House and Senate
adjourned early in the morning of December 9 (before 5:00 a.m.).
The two types of annual appropriations acts, regular appropriations acts
(including omnibus measures) and continuing appropriations acts, are discussed
separately below.
Regular Appropriations Acts. The variation regarding the role of lameduck sessions in the consideration of regular appropriations acts is shown in Figure
1 and Table 2. As the figure shows, all of the 13 regular appropriations acts for a
fiscal year were enacted into law before, during, or after five of the six most recent
lame-duck sessions held since 1994. During the 109th Congress, covering 2005 and
2006, the number of regular appropriations acts was reduced from 13 to 11 due to
CRS-5
reorganization of the House and Senate Appropriations Committees.7 With respect
to 2006, only two of the 11 regular appropriations acts (for FY2007) were enacted
into law before, during, or after the lame-duck session; the rest were funded by a fullyear continuing resolution.
In total, 42 of the 67 regular appropriations acts were enacted into law before
the beginning of the applicable lame-duck session, 14 were enacted during the lameduck session, and 11 were enacted afterwards.8
Figure 1. Regular Appropriations Acts Enacted Before, During, and
After Lame-Duck Sessions: 1994-2006
14
Number of Acts
12
10
8
6
4
2
0
1994
1998
2000
2002
2004
2006
Calendar Year
Enacted Before
Enacted During
Enacted After
Source: Prepared by the Congressional Research Service.
Note: Four of the five regular appropriations acts for FY2001 considered during the lameduck session in 2000 were signed into law six days after the sessions ended, but are
considered for purposes of this memorandum as having been enacted during the lame-duck
session.
7
For further information on this change, see CRS Report RL31572, Appropriations
Subcommittee Structure: History of Changes from 1920-2007, by James V. Saturno.
8
In 2000, the House and Senate completed action on five regular appropriations acts for
FY2001 during the lame-duck session, but four of them were signed into law on December
21, six days after the session had ended. For purposes of this memorandum, all five acts are
regarded as having been enacted during the lame-duck session.
CRS-6
The occurrence of lame-duck sessions in 1994 and 1998 was not a factor in
congressional action on annual appropriations acts. In 1994, all of the 13 regular
appropriations acts for FY1995 were enacted into law before the beginning of the
fiscal year. In 1998, one of the FY1999 regular appropriations acts was enacted
before the start of the fiscal year, and the remaining 12 acts were enacted by October
21, nearly two months before the lame-duck session began on December 17.
Table 2. Enactment of Regular Appropriations Acts into Law
Before, During, and After Lame-Duck Sessions: 1994-2006
Number of Regular Appropriations Acts
Enacted Into Law:
Calendar
Year
Before
Lame-Duck
Session
During
Lame-Duck
Session
After
Lame-Duck
Session
Total
1994
13
0
0
13
1998
13
0
0
13
2000
8
5
0
13
2002
2
0
11
13
2004
4
9
0
13
2006
2
0
0
2
Total
42
14
11
67
Source: Prepared by the Congressional Research Service.
Note: Four of the five regular appropriations acts for FY2001 considered during the lameduck session in 2000 were signed into law six days after the sessions ended, but are
considered for purposes of this memorandum as having been enacted during the lame-duck
session.
The consideration of annual appropriations acts was an important element in
two of lame-duck sessions. In 2000, eight regular appropriations acts were enacted
before the lame-duck session, but the remaining five were enacted during (or
immediately after) the session. In 2004, four regular appropriations acts were
enacted before the lame-duck session, but the remaining nine were enacted during the
session.
Finally, different patterns prevailed in the other two lame-duck sessions, held
in 2002 and 2006, but the sessions again were not an important factor with respect
to completing action on the regular appropriations acts. In each year, two of the
regular appropriations acts (for FY2003 and FY2007, respectively) had been enacted
into law before the lame-duck session began, but final action on the remaining acts
was not completed until February of the following session.
CRS-7
The remaining 11 regular appropriations acts for FY2003 were incorporated into
an omnibus appropriations measure, the Consolidated Appropriations Resolution for
FY2003, P.L. 108-7 (February 20, 2003).
None of the remaining nine regular appropriations acts for FY2007 were
enacted; instead, full-year funding was provided by a continuing resolution, the
Revised Continuing Appropriations Resolution for FY2007, P.L. 110-5 (February 15,
2007).
Continuing Appropriations Acts. Continuing appropriations acts,
commonly known as continuing resolutions, have been an integral component of the
annual appropriations process for decades. Whenever action on one or more of the
regular appropriations acts for a fiscal year is incomplete after the fiscal year has
begun, continuing appropriations acts are used to provide stop-gap funding, thereby
avoiding disruption in agency operations. One issue that arises under these
circumstances is how continuing appropriations acts will be used to resolve any
funding impasses and the appropriate duration of any period for their use.9
Continuing resolutions may have a relatively short duration in the expectation
that action on the regular appropriations acts will be concluded within several days
or weeks. In this case, multiple, short-term continuing resolutions often are used to
“buy time” for ongoing negotiations on regular appropriations acts while maintaining
incentives to complete the negotiations.
Alternatively, continuing resolutions may have a longer duration to postpone
final action on appropriations decisions until after elections or into the beginning of
the next congressional session. Finally, a continuing resolution may provide funding
for the remainder of the fiscal year.
Continuing appropriations acts have been an important element of action on
annual appropriations measures before, during, and after some of the six lame-duck
sessions held during the 1994-2006 period, but not others (see Table 3). A total of
42 continuing appropriations acts were enacted into law during this period.
In total, 27 of the 42 continuing appropriations acts were enacted into law before
the beginning of the applicable lame-duck session, 11 were enacted during the lameduck session, and four were enacted afterwards.10
In 1994, when all of the regular appropriations acts (for FY1995) were enacted
into law in a timely manner, no continuing appropriations acts were needed. In 1998,
when all of the regular appropriations acts (for FY1999) were enacted before the
lame-duck session began (but not before the beginning of the fiscal year), six
9
For a more detailed discussion of this topic, see CRS Report RL32614, Duration of
Continuing Resolutions in Recent Years, by Robert Keith.
10
In 2002, the continuing appropriations act for FY2003 considered during the lame-duck
session was enacted into law on November 23, the day after the session ended. For purposes
of this memorandum, the continuing appropriations act is considered to have been enacted
during the lame-duck session.
CRS-8
continuing appropriations acts were enacted to provide funding through the first three
weeks of the fiscal year; none were needed afterwards, including during the lameduck session.
Table 3. Enactment of Continuing Appropriations Acts into Law
Before, During, and After Lame-Duck Sessions: 1994-2006
Number of Continuing Appropriations Acts
Enacted Into Law:
Calendar
Year
Before
Lame-Duck
Session
During
Lame-Duck
Session
After
Lame-Duck
Session
Total
1994
0
0
0
0
1998
6
0
0
6
2000
15
6
0
21
2002
4
1
3
8
2004
1
2
0
3
2006
1
2
1
4
Total
27
11
4
42
Source: Prepared by the Congressional Research Service.
Note: In 2002, the continuing appropriations act for FY2003 considered during the lameduck session was enacted into law on November 23, the day after the session ended. For
purposes of this memorandum, the continuing appropriations act is considered to have been
enacted during the lame-duck session.
Circumstances were different with respect to the other four lame-duck sessions.
In 2000, six continuing appropriations acts for FY2001 were enacted into law during
the lame-duck session (15 had been enacted before the session began); in 2004, two
continuing appropriations acts for FY2005 were enacted during the lame-duck
session (one had been enacted beforehand). No continuing appropriations acts were
needed, however, after the lame-duck sessions ended. In each year, a continuing
appropriations act was enacted before the lame-duck session ended that extended
stop-gap funding for five or six days, allowing sufficient time for the remaining
regular appropriations acts to be enacted into law.
Finally, in the case of the two remaining lame-duck sessions, held in 2002 and
2006, continuing appropriations acts were needed both during and after the sessions.
In 2002, one continuing appropriations act for FY2003 was enacted during the lameduck session (four had been enacted before the session began); in 2006, two
continuing appropriations acts for FY2007 were enacted during the lame-duck
session (one had been enacted beforehand). For FY2003, three additional continuing
appropriations acts were enacted into law early in the 2003 session before action was
CRS-9
concluded with the enactment of an omnibus measure on February 20. For FY2007,
action was concluded early in the 2007 session with the enactment of a full-year
continuing resolution on February 15.
Summary of Action on Appropriations Acts in Lame-Duck
Sessions Held in 1994-2004
A brief summary of action on the annual appropriations acts considered during
each of the five lame-duck sessions that occurred during period from 1994 through
2004 is provided in this section and in Table 4, at the end of the report.
1994 and 1998 Lame-Duck Sessions. In 1994, a lame-duck session was
held on November 29-December 1. All 13 of the regular appropriations acts for
FY1995 were enacted into law prior to the start of the fiscal year on October 1,
before the lame-duck session began; all were enacted separately. No continuing
appropriations acts were needed.
In 1998, a lame-duck session was held on December 17-19. All 13 of the
regular appropriations acts for FY1999 were enacted into law prior to the lame-duck
session, five separately and eight in an omnibus measure, the Omnibus Consolidated
and Emergency Supplemental Appropriations Act for FY1999 (P.L. 105-277;
October 21, 2008). Six continuing appropriations acts were enacted to provide stopgap funding through October 21.
Over the three days of the 1998 lame-duck session, the House considered and
passed a resolution of impeachment against President Bill Clinton; the Senate was
not in session.
No lame-duck session was held in the intervening election year, 1996.
2000 Lame-Duck Session. In 2000, a lame-duck session was held from
November 13-December 15.
Eight of the 13 regular appropriations acts for FY2001 were enacted into law
prior to the lame-duck session, six separately and two as part of an omnibus measure,
the VA-HUD Appropriations Act for 2001 (P.L. 106-377; October 27, 2000), which
also included funding for the Energy-Water Development Appropriations Act for
FY2001.
The remaining five regular appropriations acts for FY2001were considered and
enacted into law during the lame-duck session.11 An omnibus measure, the
Consolidated Appropriations Act for FY2001 (P.L. 106-554; December 21, 2000),
covered the following three regular appropriations acts: (1) Labor-HHS-Education,
(2) Legislative Branch, and (3) Treasury-Postal Service. The District of Columbia
11
The House and Senate completed action on five regular appropriations acts for FY2001
during the lame-duck session, but four of them were signed into law on December 21, 2000,
six days after the session had ended. For purposes of this memorandum, all five acts are
regarded as having been enacted during the lame-duck session.
CRS-10
Appropriations Act for FY2001 (P.L. 106-522; November 22, 2000) and the
Commerce-Justice-State Appropriations Act for FY2001 (P.L. 106-553; December
21, 2000) were enacted separately.
Fifteen continuing appropriations acts were enacted into law before the lameduck session began. Six continuing appropriations acts were enacted into law during
the lame-duck session.
2002 Lame-Duck Session. A lame-duck session was held on November 722, 2002. No regular appropriations acts were considered during the session.
Two of the regular appropriations acts for FY2003 were enacted into law before
the lame-duck session began — the Defense Appropriations Act (P.L. 107-248) and
the Military Construction Appropriations Act (P.L. 107-249); they both became law
on October 23, 2002.
All of the remaining 11 regular appropriations acts for FY2003 were enacted
into law early in the next Congress as a single measure, the Consolidated
Appropriations Resolution for FY2003 (P.L. 108-7; February 20, 2003), many weeks
after the lame-duck session had ended.
Four continuing appropriations act for FY2003 were enacted into law before the
lame-duck session began. One further continuing appropriations act for the fiscal
year was considered and enacted into law during the lame-duck session (P.L. 107294; November 23, 2002).12 Three more continuing appropriations acts were enacted
early in the next Congress.
2004 Lame-Duck Session. The lame-duck session for 2004 was held on
November 16-December 8.
Four of the 13 regular appropriations acts for FY2005 were enacted into law
before the lame-duck session began (the Defense, District of Columbia, Homeland
Security, and Military Construction Appropriations Acts); all were enacted
separately.
The remaining nine regular appropriations acts for FY2005 were considered and
enacted into law during the lame-duck session as part of an omnibus measure, the
Consolidated Appropriations Act for FY2005 (P.L. 108-447; December 8, 2004).
One continuing appropriations act was enacted into law before the lame-duck
session began. Two further continuing appropriations act for FY2005 were
considered and enacted into law during the lame-duck session, P.L. 108-416
(November 21, 2004) and P.L. 108-434 (December 3, 2004).
12
The continuing appropriations act was considered during the lame-duck session but was
enacted into law on November 23, the day after the session ended. For purposes of this
memorandum, the continuing appropriations act is considered to have been enacted during
the lame-duck session.
CRS-11
The 2006 Lame-Duck Session (109th Congress)
In 2006, during the 109th Congress, a lame-duck session was held on November
9-December 8. During the regular session of Congress in 2006, the lame-duck
session toward the end of the year, and early in 2007, during the first session of the
110th Congress, the House and Senate took action on regular and continuing
appropriations acts for FY2007. None of the regular appropriations acts, however,
were enacted into law during the lame-duck session.
Two of the eleven regular appropriations acts for FY2007 were enacted into law
in 2006, prior to the beginning of the lame-duck session.13 The House and Senate
agreed to the conference report on the Defense Appropriations Act, H.R. 5631, on
September 26 and September 29, 2006, respectively.14 The measure was signed into
law by President George W. Bush on September 29, as P.L. 109-289. On September
29, the House and Senate both agreed to the conference report on the Homeland
Security Appropriations Act, H.R. 5441.15 On October 4, President Bush signed the
measure into law, as P.L. 109-295.
With regard to the nine remaining regular appropriations acts, the House passed
all but one of them during the six-week period covering May 18 through June 29,
2006. The House did not consider the Labor-HHS-Education Appropriations Act,
H.R. 5647, which was reported by the House Appropriations Committee on June 20
(H.Rept. 109-515).
The Senate Appropriations Committee reported all nine of the remaining regular
appropriations acts during June and July, but did not consider any of them prior to
the lame-duck session. During the 109th Congress, the Senate initially considered a
twelfth regular appropriations measure, the District of Columbia Appropriations Act,
as a separate measure before it was merged into the Transportation-Treasury-HUDJudiciary-D.C. Appropriations Act. For FY2007, the Senate Appropriations
Committee reported a separate District of Columbia Appropriations Act, S. 3660, in
July, but it was not considered by the Senate.
During the lame-duck session, only one of the regular appropriations acts for
FY2007 was considered by either chamber. The Senate considered H.R. 5385, the
Military Construction, Military Quality of Life, and Veterans Affairs Appropriations
Act, on November 13 and passed it with amendments on November 14. The two
chambers did not take any conference action on the bill.
13
From the late 1960s through the end of the 108th Congress (covering the FY2005 budget
cycle), the number of regular appropriations acts was fixed at 13 each year. At the
beginning of the 109th Congress, the House and Senate Appropriations subcommittees were
restructured. As a consequence, the number of regular appropriations bills considered by
both chambers was reduced from 13 bills to 11 bills, beginning with the FY2006 budget
cycle.
14
H.Rept. 109-676, September 25, 2006. The vote on agreeing to the conference report was
394-22 in the House and 100-0 in the Senate.
15
H.Rept. 109-699, September 28, 2006. The vote on agreeing to the conference report was
412-6 in the House; the Senate agreed to the conference report by voice vote.
CRS-12
Accordingly, the lame-duck session came to an end without Congress and the
President having added any more of the regular appropriations acts for FY2007 to the
list of measures enacted into law.
Just before the beginning of the fiscal year on October 1, the House and Senate
sent President Bush a bill that included continuing appropriations for FY2007. In
order to expedite action, the continuing appropriations were included at the
conference stage in the Defense Appropriations Act for FY2007, as Division B
(entitled “Continuing Appropriations Resolution, 2007”). As indicated previously,
the measure was signed into law on September 29, as P.L. 109-289.
In order to avoid any funding gaps before Congress had an opportunity to
address the FY2007 regular appropriations acts during the lame-duck session, the
continuing appropriations did not expire until November 17 (the lame-duck session
was scheduled to convene on November 9). This marked the fourth consecutive
election year in which continuing appropriations were provided for an interval
extending into a lame-duck session. In 2004, the first continuing resolution for
FY2005, enacted on September 30, expired on November 20. In 2002, the fourth
continuing resolution for FY2003, enacted on October 18, expired on November 22.
Finally, in 2000, the 15th continuing resolution for FY2001, enacted on November 4,
expired on November 14.
A second continuing appropriations measure for FY2007, H.J.Res. 100, was
introduced on November 14, passed by the House and Senate on November 15, and
signed into law on November 17, as P.L. 109-369. The measure provided continuing
appropriations through December 8, 2006, sufficient to cover the remainder of the
lame-duck session.
When it became apparent that the lame-duck session would conclude without
the completion of action on any of the remaining regular appropriations acts, a third
continuing appropriations measure, H.J.Res. 102, was passed by the House (on
December 8, by a vote of 370-20) and the Senate (on December 9, by unanimous
consent). President George W. Bush signed it into law on December 9 as P.L. 109383. The measure extended continuing appropriations through February 15, 2007,
thereby allowing the issue to be resolved in the subsequent Congress.
Funding for the rest of the fiscal year for all of the remaining regular
appropriations acts was provided early in the 110th Congress in a full-year continuing
resolution, the Revised Continuing Appropriations Resolution for FY2007 (P.L. 1105; February 15, 2007).
Information regarding action on annual appropriations acts in the 2006 lameduck session is included in Table 4, together with information regarding such action
in the preceding five lame-duck sessions (covering 1994-2004).
CRS-13
Table 4. Annual Appropriations Acts Enacted into Law During Lame-Duck Sessions: 1994-2006
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
103rd Congress
1994
November 29December 1
[none]
All 13 of the regular appropriations acts for FY1995 were enacted into law prior to the start
of the fiscal year on October 1, before the lame-duck session; all were enacted separately.
[none]
All 13 of the regular appropriations acts for FY1997 were enacted into law prior to the start
of the fiscal year on October 1. Seven of the measures were enacted separately, and six were
incorporated into an omnibus measure, the Omnibus Consolidated Appropriations Act for
FY1997 (P.L. 104-208, September 30; 1996).
[none]
All 13 of the regular appropriations acts for FY1999 were enacted into law prior to the lameduck session, five separately and eight in an omnibus measure, the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for FY1999 (P.L. 105-277; October 21, 2008).
104th Congress
1996
[no lame-duck
session held]
105th Congress
1998
December 17December 19
Over three days, the House considered and passed a resolution of impeachment against
President Bill Clinton; the Senate was not in session.
CRS-14
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
Regular Appropriations Acts
• P.L. 106-522, District of Columbia
Appropriations Act for FY2001
(November 22, 2000)
Regular Appropriations Acts. Eight of the 13 regular appropriations acts for FY2001 were
enacted into law prior to the lame-duck session, six separately and two as part of an omnibus
measure, the VA-HUD Appropriations Act for 2001 (P.L. 106-377, October 27, 2000), which
also included funding for the Energy-Water Development Appropriations Act for FY2001.
• P.L. 106-553, Commerce-Justice-State
Appropriations Act for FY2001
(December 21, 2000)
The remaining five regular appropriations acts for FY2001were considered and enacted into
law during (or immediately after) the lame-duck session.b An omnibus measure, the
Consolidated Appropriations Act for FY2001 (P.L. 106-554), covered the following three
regular appropriations acts: (1) Labor-HHS-Education, (2) Legislative Branch, and (3)
Treasury-Postal Service.
106th Congress
2000
November 13December 15
• P.L. 106-554, Consolidated Appropriations
Act for FY2001
(December 21, 2000)
Continuing Appropriations Acts
• P.L. 106-520, Further Continuing
Appropriations Act for FY2001
(November 15, 2000)
• P.L. 106-537, Further Continuing
Appropriations Act for FY2001
(December 5, 2000)
The District of Columbia Appropriations Act for FY2001 (P.L. 106-522) and the CommerceJustice-State Appropriations Act for FY2001 (P.L. 106-553) were enacted separately.
Continuing Appropriations Acts. Fifteen continuing appropriations acts were enacted into
law before the lame-duck session began.
Six further continuing appropriations acts were considered and enacted during the lame-duck
session.
CRS-15
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
• P.L. 106-539, Further Continuing
Appropriations Act for FY2001
(December 7, 2000)
• P.L. 106-540, Further Continuing
Appropriations Act for FY2001
(December 8, 2000)
• P.L. 106-542, Further Continuing
Appropriations Act for FY2001
(December 11, 2000)
• P.L. 106-543, Further Continuing
Appropriations Act for FY2001
(December 15, 2000)
Commentary
CRS-16
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
107th Congress
2002
November 7November 22
Regular Appropriations Acts
[none]
Regular Appropriations Acts. Two of the 13 regular appropriations acts for FY2003 were
enacted into law before the lame-duck session began (the Defense and Military Construction
Appropriations Acts).
All of the remaining 11 regular appropriations acts for FY2003 were considered and enacted
into law early in the next Congress as an omnibus measure, the Consolidated Appropriations
Resolution for FY2003 (P.L. 108-7; February 20, 2003).
Continuing Appropriations Acts
• P.L. 107-294, Further Continuing
Appropriations Act for FY2003
(November 23, 2002)
Continuing Appropriations Acts. Four continuing appropriations acts were enacted into law
before the lame-duck session began.
One further continuing appropriations act for FY2003 was considered and enacted into law
during the lame-duck session (P.L. 107-294).c
Three more continuing appropriations acts were enacted early in the next Congress.
CRS-17
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
Regular Appropriations Acts
• P.L. 108-447, Consolidated Appropriations
Act for FY2005
(December 8, 2004)
Regular Appropriations Acts. Four of the 13 regular appropriations acts for FY2005 were
enacted into law before the lame-duck session began (the Defense, District of Columbia,
Homeland Security, and Military Construction Appropriations Acts); all were enacted
separately.
108th Congress
2004
November 16December 8
The remaining nine regular appropriations acts for FY2005 were considered and enacted into
law during the lame-duck session as part of an omnibus measure, the Consolidated
Appropriations Act for FY2005 (P.L. 108-447).
Continuing Appropriations Acts
• P.L. 108-416, Further Continuing
Appropriations Act for FY2005
(November 21, 2004)
• P.L. 108-434, Further Continuing
Appropriations Act for FY2005
(December 3, 2004)
Continuing Appropriations Acts. One continuing appropriations act was enacted into law
before the lame-duck session began.
Two further continuing appropriations act for FY2005 were considered and enacted into law
during the lame-duck session (P.L. 108-416 and 108-434).
CRS-18
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
109th Congress
2006
November 9December 9
Regular Appropriations Acts
[none]
Regular Appropriations Acts. Two of the 11 regular appropriations acts for FY2007 were
enacted into law before the lame-duck session began (the Defense and Homeland Security
Appropriations Acts).d
None of the remaining nine regular appropriations acts for FY2007 were enacted into law
during (or after) the lame-duck session. Funding for the rest of the fiscal year for all of the
remaining regular appropriations acts was provided early in the 110th Congress in a full-year
continuing resolution, the Revised Continuing Appropriations Resolution for FY2007 (P.L.
110-5; February 15, 2007).
During the lame-duck session, the Senate considered and passed H.R. 5385, the Military
Construction, Military Quality of Life, and Veterans Affairs Appropriations Act, but the two
chambers did not take any conference action on the bill.
Continuing Appropriations Acts
• P.L. 109-369, Further Continuing
Appropriations Act for FY2007
(November 17, 2006)
• P.L. 109-383, Further Continuing
Appropriations Act for FY2007
(December 9, 2004)
Continuing Appropriations Acts. One continuing appropriations act was enacted into law
before the lame-duck session began.
Two further continuing appropriations act for FY2007 were considered and enacted into law
during the lame-duck session, (P.L. 109-369 and P.L. 109-383).
CRS-19
Sources: Prepared by the Congressional Research Service from information provided in the Legislative Information System and the Status Table of Appropriations
for various fiscal years at the CRS website ([http://www.crs.gov/products/appropriations/appover.shtml]).
a. The starting and ending dates refer to the first date and the last date that the House, the Senate, or both were in session after election day (the Tuesday after the first
Monday in November). In 2002, the House and Senate stayed in session, rather than adjourning prior to the election and then reconvening; November 7 was the first
day of session after election day, which was November 5 that year. In 2006, the Senate adjourned sine die after the House, but not until after 4:00 in the morning on
December 9.
b. In 2000, the House and Senate completed action on five regular appropriations acts for FY2001 during the lame-duck session, but four of them were signed into
law on December 21, six days after the session had ended. For purposes of this memorandum, all five acts are regarded as having been enacted during the lame-duck
session.
c. In 2002, the continuing appropriations act for FY2003 considered during the lame-duck session was enacted into law on November 23, the day after the session
ended. For purposes of this memorandum, the continuing appropriations act is considered to have been enacted during the lame-duck session.
d. The number of regular appropriations acts was changed from 13 to 11 during the 109th Congress as a result of reorganization of the House and Senate Appropriations
Committees. For further information, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from 1920-2007, by James V. Saturno fiscal year. In the past, this has triggered the necessity for
continuing resolutions to extend spending authority until the annual appropriations acts have been
enacted. Additionally, this has periodically necessitated the consideration of regular
appropriations legislation during the last quarter of the calendar year, or even during the
following session.
This report provides information on the consideration of annual appropriations acts in the years
that lame-duck sessions occurred between 1994 and 2008 (FY1995, FY1999, FY2001, FY2003,
FY2005, FY2007, and FY2009). A lame-duck session occurs during the period following election
day, which is the Tuesday after the first Monday in November of each even-numbered year, and
before the convening of a new Congress about two months later in early January. Several factors
may contribute to the occurrence of lame-duck sessions, including the need to deal with
unfinished appropriations or other budgetary matters.
A total of 131 annual appropriations acts—88 regular appropriations acts and 43 continuing
appropriations acts—were enacted into law for FY1995-FY2009 before, during, and after the
seven most recent lame-duck sessions. With respect to the 88 regular appropriations acts, 45 were
enacted into law before the beginning of the applicable lame-duck session, 14 were enacted
during the lame-duck session, and 29 were enacted afterwards. With respect to the 43 continuing
appropriations acts, 28 were enacted into law before the beginning of the applicable lame-duck
session, 11 were enacted during the lame-duck session, and four were enacted afterwards.
The report will be updated as developments warrant.
Congressional Research Service
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Contents
Background ................................................................................................................................1
Overview of Action on Appropriations Acts Before, During, and After Lame-Duck
Sessions ...................................................................................................................................2
Regular Appropriations Acts .................................................................................................3
Continuing Appropriations Acts ............................................................................................5
Summary of Action on Appropriations Acts in Lame-Duck Sessions Held in 1994-2008..............7
1994 and 1998 Lame-Duck Sessions .....................................................................................7
2000 Lame-Duck Session......................................................................................................8
2002 Lame-Duck Session......................................................................................................8
2004 Lame-Duck Session......................................................................................................9
2006 Lame-Duck Session......................................................................................................9
2008 Lame-Duck Session.................................................................................................... 10
Figures
Figure 1. Regular Appropriations Acts Enacted Before, During, and After Lame-Duck
Sessions: 1994-2008 ................................................................................................................4
Tables
Table 1. Party Control of Government During Lame-Duck Sessions: 1994-2008 .........................3
Table 2. Enactment of Regular Appropriations Acts into Law Before, During, and After
Lame-Duck Sessions: 1994-2008 .............................................................................................5
Table 3. Enactment of Continuing Appropriations Acts into Law Before, During, and
After Lame-Duck Sessions: 1994-2008 ....................................................................................6
Table 4. Annual Appropriations Acts Enacted into Law During Lame-Duck Sessions:
1994-2008.............................................................................................................................. 11
Contacts
Author Contact Information ...................................................................................................... 15
Acknowledgments .................................................................................................................... 15
Congressional Research Service
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
A
lthough some (and occasionally all) regular appropriations acts may be enacted into law
before the start of the fiscal year, in recent decades it has been common for many regular
appropriations acts to be enacted after the start of the fiscal year, during the last quarter of
the calendar year.1 In some recent instances, including FY2006 and FY2008, the consideration of
regular appropriations acts has carried over to the following session.
Seven of the past eight Congresses, covering the 103rd Congress through the 110th Congress, have
concluded with a lame-duck session (no such session occurred in 1996, during the 104th
Congress). The consideration of annual appropriations acts has been an important element of
some, but not all, of these lame-duck sessions. Although no annual appropriation acts were
considered during lame-duck sessions held in 1994, 1998, and 2008, a total of 14 regular and 11
continuing appropriations acts were considered and subsequently enacted into law during the four
other lame-duck sessions held in 2000, 2002, 2004, and 2006.
This report provides information on the consideration of annual appropriations acts in connection
with lame-duck sessions occurring between 1994 and 2008.
Background
A lame-duck session occurs during the period following election day, which is the Tuesday after
the first Monday in November of each even-numbered year, and before the convening of a new
Congress about two months later in early January. (Under the 20th Amendment to the
Constitution, Congress is required to convene at noon on January 3, unless by statute it designates
a different day for convening; in recent years, a new Congress has convened during the first week
of January in each odd-numbered year, but not necessarily on January 3).2
A “lame duck” session of Congress is one that takes place after the election for the next
Congress has been held, but before the current Congress has reached the end of its
constitutional term. Under contemporary conditions, any meeting of Congress that occurs
between a congressional election in November and the following January 3 is a lame duck
session. The significant characteristic of a lame duck session is that its participants are the
sitting Members of the existing Congress, not those who will be entitled to sit in the new
Congress.3
Several factors may contribute to the occurrence of lame-duck sessions, including the need to
deal with unfinished business or urgent matters that have arisen suddenly. The consideration of
legislative proposals, particularly those with significant budgetary implications, sometimes is
postponed until a lame-duck session, often to avoid the need for politically difficult votes before
an election. Consideration of a measure raising the statutory limit on the public debt by $800
billion (to $8.184 trillion), for example, was postponed in 2004 until the lame-duck session; the
1
Regular appropriations acts may be enacted as freestanding measures or as part of an omnibus appropriations act. For
additional information on the latter, see CRS Report RL32473, Omnibus Appropriations Acts: Overview of Recent
Practices, by Jessica Tollestrup.
2
Section 2 of the 20th Amendment states: “The Congress shall assemble at least once in every year, and such meeting
shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.” See “Constitution
Annotated” on the CRS website at http://www.crs.gov/products/conan/WC01001.shtml.
3
CRS Report RL33677, Lame Duck Sessions of Congress, 1935-2008 (74th-110th Congresses), by Richard S. Beth.
Congressional Research Service
1
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
measure was signed into law by President George W. Bush on November 19, 2004 as P.L. 108415 (118 Stat. 2337).
Lame-duck sessions have been used in recent years for various purposes, including efforts to
bring action on regular appropriations acts for a fiscal year to a close. In addition to action on
appropriations measures, lame-duck sessions have been used for such matters as the consideration
of authorization measures for the Department of Defense and intelligence activities, the
finalization of a measure establishing the Department of Homeland Security, and the
impeachment proceedings against President Bill Clinton by the House.
Seventeen lame-duck sessions occurred between 1935 and 2008.4 Ten of the 17 lame-duck
sessions occurred during the half-century covering the decades of the 1940s through the 1980s, an
average of one every five years.
The use of such sessions, however, has become more common in recent years, occurring about
twice as frequently. The remaining seven lame-duck sessions, which occurred in 1994, 1998,
2000, 2002, 2004, 2006, and 2008, covered a span of eight Congresses. As Table 1 shows, lameduck sessions during this period occurred whether party control of the federal government was
unified (i.e., the same party controlled the presidency and both chambers of Congress, as in 1994,
2004, and 2006) or divided. Further, lame-duck sessions occurred in presidential election years
(2000, 2004, and 2008) as well as non-presidential election years.
Overview of Action on Appropriations Acts Before,
During, and After Lame-Duck Sessions
In recent years, covering calendar years 1994 through 2008, lame-duck sessions have in some
instances afforded Congress an opportunity to complete action on regular appropriations acts for
a fiscal year. In other instances, lame-duck sessions played little or no role in this regard, as action
on regular appropriations acts was completed well before or after a lame-duck session. A total of
88 regular appropriations acts were enacted into law for the fiscal years that coincided with lameduck sessions, including 32 that were enacted separately and 56 that were included in omnibus
measures.
In addition, a total of 43 continuing appropriations acts were enacted into law during this period.
Like regular appropriations acts, the continuing appropriations acts were an important element in
some, but not all, of the lame-duck sessions.
4
CRS Report RL33677, Lame Duck Sessions of Congress, 1935-2008 (74th-110th Congresses), by Richard S. Beth,
ibid., identifies 17 lame-duck sessions between 1935 and 2008 (see Table 1). According to the report, “[t]he possibility
of a lame duck session of Congress in the modern sense began in 1935, when the 20th Amendment to the Constitution
took effect” (p. 1).
Congressional Research Service
2
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Table 1. Party Control of Government During Lame-Duck Sessions: 1994-2008
Lame-Duck Session
Congress
Dates
Duration
(in days)
Party Control
Presidency
House
Senate
103rd
11/29-12/1
1994
3
D
(Clinton)
D
D
104th
[none]
—
D
(Clinton)
R
R
105th
12/17-12/19
1998
3
D
(Clinton)
R
R
106th
11/13-12/15
2000
33
D
(Clinton)
R
R
107th
11/7-11/22
2002
16
R
(GW Bush)
R
D
108th
11/16-12/8
2004
23
R
(GW Bush)
R
R
109th
11/9-12/9
2006
31
R
(GW Bush)
R
R
110th
11/19-01/03
2009
46
R
(GW Bush)
D
D
Source: Prepared by the Congressional Research Service.
Notes: “D” refers to the Democratic Party and “R” refers to the Republican Party. “Duration” refers to the
span of days from the first date to the last date that the House, the Senate, or both were in session, not to the
number of days that one or both chambers were in session during that period. In 2002, the House and Senate
held pro forma sessions without adjourning until the election on November 5; thus, the lame-duck session may
be regarded as commencing on the next day of session after the election, November 7, but legislative action did
not resume until November 12. In 2006, the House and Senate adjourned early in the morning of December 9
(before 5:00 a.m.).
The two types of annual appropriations acts, regular appropriations acts (including omnibus
measures) and continuing appropriations acts, are discussed separately below.
Regular Appropriations Acts
The variation regarding the role of lame-duck sessions in the consideration of regular
appropriations acts is shown in Figure 1 and Table 2. As the figure shows, all of the regular
appropriations acts for a fiscal year were enacted into law before, during, or after the seven most
recent lame-duck sessions held since 1994. During the 109th Congress, covering 2005 and 2006,
the number of regular appropriations acts was reduced from 13 to 11 due to reorganization of the
House and Senate Appropriations Committees.5 With respect to 2006, two of the 11 regular
appropriations acts (for FY2007) were enacted into law before the lame-duck session; the rest
5
Although initial consideration of appropriations legislation in the two chambers differed in both the number and
substance of the appropriations acts, the final acts that were agreed to numbered 11. For further information on this
change, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from 1920-2007, by
James V. Saturno.
Congressional Research Service
3
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
were funded by a continuing resolution for the entire fiscal year. At the beginning of the 110th
Congress, a further reorganization of the appropriations subcommittees, which resulted in an
increase in the number of annual appropriations acts to 12, took effect. 6 For FY2009, three
appropriations acts, which were funded as part of a full-year continuing resolution, were
completed before the lame-duck session began; the remaining nine appropriations acts were
enacted via an omnibus appropriations act at the beginning of the 111th Congress.
In total, 45 of the 88 regular appropriations acts were enacted into law before the beginning of the
applicable lame-duck session, 14 were enacted during a lame-duck session, and 29 were enacted
afterwards.7
Figure 1. Regular Appropriations Acts Enacted Before, During, and After Lame-Duck
Sessions: 1994-2008
14
12
10
8
6
4
2
0
1994
1998
2000
Enacted Before
2002
2004
Enacted During
2006
2008
Enacted After
Source: Prepared by the Congressional Research Service.
Note: Four of the five regular appropriations acts for FY2001 considered during the lame-duck session in 2000
were signed into law six days after the sessions ended, but are considered for purposes of this memorandum as
having been enacted during the lame-duck session.
The occurrence of lame-duck sessions in 1994, 1998, and 2008 was not a factor in congressional
action on annual appropriations acts. In 1994, all of the 13 regular appropriations acts for FY1995
were enacted into law before the beginning of the fiscal year. In 1998, one of the FY1999 regular
appropriations acts was enacted before the start of the fiscal year, and the remaining 12 acts were
enacted by October 21, nearly two months before the lame-duck session began on December 17.
In 2008, work on three out of the 12 regular appropriations acts was completed before the end of
September. The remaining nine acts were not considered until the beginning of the 111th
Congress, where they were combined into an omnibus appropriations act and enacted into law on
March 11, 2009.
6
Ibid.
7
In 2000, the House and Senate completed action on five regular appropriations acts for FY2001 during the lame-duck
session, but four of them were signed into law on December 21, six days after the session had ended. For purposes of
this memorandum, all five acts are regarded as having been enacted during the lame-duck session.
Congressional Research Service
4
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Table 2. Enactment of Regular Appropriations Acts into Law Before, During, and
After Lame-Duck Sessions: 1994-2008
Calendar
Year
Number of Regular Appropriations Acts
Enacted Into Law:
Before
Lame-Duck
Session
During
Lame-Duck
Session
After
Lame-Duck
Session
Total
1994
13
0
0
13
1998
13
0
0
13
2000
8
5
0
13
2002
2
0
11
13
2004
4
9
0
13
2006
2
0
9
11
2008
3
0
9
12
Total
45
14
29
67
Source: Prepared by the Congressional Research Service.
Note: Four of the five regular appropriations acts for FY2001 considered during the lame-duck session in 2000
were signed into law six days after the sessions ended, but are considered for purposes of this memorandum as
having been enacted during the lame-duck session.
The consideration of annual appropriations acts was an important element in two lame-duck
sessions. In 2000, eight regular appropriations acts were enacted before the lame-duck session,
but the remaining five were enacted during (or immediately after) the session. In 2004, four
regular appropriations acts were enacted before the lame-duck session, but the remaining nine
were enacted during the session.
Finally, different patterns prevailed in the other two lame-duck sessions, held in 2002 and 2006,
but the sessions again were not an important factor with respect to completing action on the
regular appropriations acts. In each year, two of the regular appropriations acts (for FY2003 and
FY2007, respectively) had been enacted into law before the lame-duck session began, but final
action on the remaining acts was not completed until February of the following session.
The remaining 11 regular appropriations acts for FY2003 were incorporated into an omnibus
appropriations measure, the Consolidated Appropriations Resolution for FY2003 (P.L. 108-7 ;
February 20, 2003).
None of the remaining nine regular appropriations acts for FY2007 were enacted; instead, fullyear funding was provided by a continuing resolution, the Revised Continuing Appropriations
Resolution for FY2007 (P.L. 110-5; February 15, 2007).
Continuing Appropriations Acts
Continuing appropriations acts, commonly known as continuing resolutions, have been an
integral component of the annual appropriations process for decades. Whenever action on one or
more of the regular appropriations acts for a fiscal year is incomplete after the fiscal year has
begun, continuing appropriations acts are used to provide stop-gap funding, thereby avoiding
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disruption in agency operations. One issue that arises under these circumstances is how
continuing appropriations acts will be used to resolve any funding impasses and the appropriate
duration of any period for their use.8
Continuing resolutions may have a relatively short duration in the expectation that action on the
regular appropriations acts will be concluded within several days or weeks. In this case, multiple,
short-term continuing resolutions often are used to “buy time” for ongoing negotiations on
regular appropriations acts while maintaining incentives to complete the negotiations.
Alternatively, continuing resolutions may have a longer duration to postpone final action on
appropriations decisions until after elections or into the beginning of the next congressional
session. Finally, a continuing resolution may provide funding for the remainder of the fiscal year.
Continuing appropriations acts have been an important element of action on annual
appropriations measures before, during, and after some of the six lame-duck sessions held during
the 1994-2008 period, but not others (see Table 3). A total of 43 continuing appropriations acts
were enacted into law during this period.
In total, 28 of the 43 continuing appropriations acts were enacted into law before the beginning of
the applicable lame-duck session, 11 were enacted during the lame-duck session, and four were
enacted afterwards.9
In 1994, when all of the regular appropriations acts (for FY1995) were enacted into law in a
timely manner, no continuing appropriations acts were needed. In 1998, when all of the regular
appropriations acts (for FY1999) were enacted before the lame-duck session began (but not
before the beginning of the fiscal year), six continuing appropriations acts were enacted to
provide funding through the first three weeks of the fiscal year; none were needed afterwards,
including during the lame-duck session. In 2008, a single continuing resolution was enacted
before the fiscal year began that contained three regular appropriations acts and extended funding
for the remaining FY2009 appropriations acts through March 6, 2009.
Table 3. Enactment of Continuing Appropriations Acts into Law Before, During, and
After Lame-Duck Sessions: 1994-2008
Calendar
Year
Number of Continuing Appropriations Acts
Enacted Into Law:
Before
Lame-Duck
Session
During
Lame-Duck
Session
After
Lame-Duck
Session
Total
1994
0
0
0
0
1998
6
0
0
6
2000
15
6
0
21
8
For a more detailed discussion of this topic, see CRS Report RL32614, Duration of Continuing Resolutions in Recent
Years, by Jessica Tollestrup.
9
In 2002, the continuing appropriations act for FY2003 considered during the lame-duck session was enacted into law
on November 23, the day after the session ended. For purposes of this memorandum, the continuing appropriations act
is considered to have been enacted during the lame-duck session.
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Calendar
Year
Number of Continuing Appropriations Acts
Enacted Into Law:
Before
Lame-Duck
Session
During
Lame-Duck
Session
After
Lame-Duck
Session
Total
2002
4
1
3
8
2004
1
2
0
3
2006
1
2
1
4
2008
1
0
0
1
Total
28
11
4
43
Source: Prepared by the Congressional Research Service.
Notes: In 2002, the continuing appropriations act for FY2003 considered during the lame-duck session was
enacted into law on November 23, the day after the session ended. For purposes of this memorandum, the
continuing appropriations act is considered to have been enacted during the lame-duck session.
Circumstances were different with respect to the other four lame-duck sessions. In 2000, six
continuing appropriations acts for FY2001 were enacted into law during the lame-duck session
(15 had been enacted before the session began); in 2004, two continuing appropriations acts for
FY2005 were enacted during the lame-duck session (one had been enacted beforehand). No
continuing appropriations acts were needed, however, after the lame-duck sessions ended. In each
year, a continuing appropriations act was enacted before the lame-duck session ended that
extended stop-gap funding for five or six days, allowing sufficient time for the remaining regular
appropriations acts to be enacted into law.
Finally, in the case of the two remaining lame-duck sessions, held in 2002 and 2006, continuing
appropriations acts were needed both during and after the sessions. In 2002, one continuing
appropriations act for FY2003 was enacted during the lame-duck session (four had been enacted
before the session began); in 2006, two continuing appropriations acts for FY2007 were enacted
during the lame-duck session (one had been enacted beforehand). For FY2003, three additional
continuing appropriations acts were enacted into law early in the 2003 session before action was
concluded with the enactment of an omnibus measure on February 20. For FY2007, action was
concluded early in the 2007 session with the enactment of a full-year continuing resolution on
February 15.
Summary of Action on Appropriations Acts in
Lame-Duck Sessions Held in 1994-2008
A brief summary of action on the annual appropriations acts considered during each of the five
lame-duck sessions that occurred during the period from 1994 through 2008 is provided in this
section and in Table 4, at the end of the report.
1994 and 1998 Lame-Duck Sessions
In 1994, a lame-duck session was held on November 29-December 1. All 13 of the regular
appropriations acts for FY1995 were enacted into law prior to the start of the fiscal year on
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October 1, before the lame-duck session began; all were enacted separately. No continuing
appropriations acts were needed.
In 1998, a lame-duck session was held on December 17-19. All 13 of the regular appropriations
acts for FY1999 were enacted into law prior to the lame-duck session, five separately and eight in
an omnibus measure, the Omnibus Consolidated and Emergency Supplemental Appropriations
Act for FY1999 (P.L. 105-277; October 21, 2008). Six continuing appropriations acts were
enacted to provide stop-gap funding through October 21.
Over the three days of the 1998 lame-duck session, the House considered and passed a resolution
of impeachment against President Bill Clinton; the Senate was not in session.
No lame-duck session was held in the intervening election year, 1996.
2000 Lame-Duck Session
In 2000, a lame-duck session was held from November 13-December 15.
Eight of the 13 regular appropriations acts for FY2001 were enacted into law prior to the lameduck session, six separately and two as part of an omnibus measure, the VA-HUD Appropriations
Act for 2001 (P.L. 106-377; October 27, 2000), which also included funding for the Energy-Water
Development Appropriations Act for FY2001.
The remaining five regular appropriations acts for FY2001were considered and enacted into law
during the lame-duck session.10 An omnibus measure, the Consolidated Appropriations Act for
FY2001 (P.L. 106-554; December 21, 2000), covered the following three regular appropriations
acts: (1) Labor-HHS-Education, (2) Legislative Branch, and (3) Treasury-Postal Service. The
District of Columbia Appropriations Act for FY2001 (P.L. 106-522; November 22, 2000) and the
Commerce-Justice-State Appropriations Act for FY2001 (P.L. 106-553; December 21, 2000) were
enacted separately.
Fifteen continuing appropriations acts were enacted into law before the lame-duck session began.
Six continuing appropriations acts were enacted into law during the lame-duck session.
2002 Lame-Duck Session
A lame-duck session was held on November 7-22, 2002. No regular appropriations acts were
considered during the session.
Two of the regular appropriations acts for FY2003 were enacted into law before the lame-duck
session began—the Defense Appropriations Act (P.L. 107-248) and the Military Construction
Appropriations Act (P.L. 107-249); they both became law on October 23, 2002.
10
The House and Senate completed action on five regular appropriations acts for FY2001 during the lame-duck
session, but four of them were signed into law on December 21, 2000, six days after the session had ended. For
purposes of this memorandum, all five acts are regarded as having been enacted during the lame-duck session.
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All of the remaining 11 regular appropriations acts for FY2003 were enacted into law early in the
next Congress as a single measure, the Consolidated Appropriations Resolution for FY2003 (P.L.
108-7; February 20, 2003), many weeks after the lame-duck session had ended.
Four continuing appropriations act for FY2003 were enacted into law before the lame-duck
session began. One further continuing appropriations act for the fiscal year was considered and
enacted into law during the lame-duck session (P.L. 107-294; November 23, 2002).11 Three more
continuing appropriations acts were enacted early in the next Congress.
2004 Lame-Duck Session
The lame-duck session for 2004 was held on November 16-December 8.
Four of the 13 regular appropriations acts for FY2005 were enacted into law before the lameduck session began (the Defense, District of Columbia, Homeland Security, and Military
Construction Appropriations Acts); all were enacted separately.
The remaining nine regular appropriations acts for FY2005 were considered and enacted into law
during the lame-duck session as part of an omnibus measure, the Consolidated Appropriations Act
for FY2005 (P.L. 108-447; December 8, 2004).
One continuing appropriations act was enacted into law before the lame-duck session began. Two
further continuing appropriations act for FY2005 were considered and enacted into law during the
lame-duck session, P.L. 108-416 (November 21, 2004) and P.L. 108-434 (December 3, 2004).
2006 Lame-Duck Session
The lame-duck session for 2006 was held on November 13-December 9.
Two of the 11 regular appropriations acts for FY2007 were separately enacted before the lameduck session began. The Defense Appropriations Act (P.L. 109-289) and the Homeland Security
Appropriations Act (P.L. 109-295) were signed into law on September 29 and October 4,
respectively. The nine other appropriations acts were extended through November 17 via a
continuing resolution enacted on September 29 (P.L. 109-289).
Although a number of the remaining appropriations acts were considered by both the House and
the Senate prior to the pre election recess12, the only act to be considered by either chamber
during the lame-duck session was H.R. 5385, the Military Construction, Military Quality of Life,
and Veterans Affairs Appropriations Act, which was considered by the Senate and passed on
November 14. Action on the nine regular appropriations acts was completed via a full-year
continuing resolution (H.J.Res. 20) that was signed into law on February 15, 2007 (P.L. 110-5).
11
The continuing appropriations act was considered during the lame-duck session but was enacted into law on
November 23, the day after the session ended. For purposes of this memorandum, the continuing appropriations act is
considered to have been enacted during the lame-duck session.
12
The House recessed on October 3, 2008. The Senate held pro forma sessions through the beginning of the lame-duck
session on November 19, 2008.
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At the beginning of the lame-duck session, a second continuing resolution for FY2007 was
enacted (P.L. 109-369) to provide appropriations through December 8. When it become apparent
that action on regular appropriations would not be completed, a third continuing resolution was
enacted (P.L. 109-383) that extended appropriations through February 15, 2007.
2008 Lame-Duck Session
The lame-duck session for 2008 was held on November 19-January 3. No regular appropriations
acts were considered during the session.
Three of the 12 regular appropriations acts for FY2009 (Defense, Homeland Security, and
Military Construction/Veteran’s Affairs) were enacted before the lame-duck session via the
Consolidated Security, Disaster Assistance, and Continuing Appropriations resolution, which
became law on September 30 (P.L. 110-329). This continuing resolution extended funding for the
nine remaining appropriations acts through March 6, 2009.
No action on appropriations was undertaken during the 2008 lame-duck session. The remaining
appropriations acts were consolidated in the early days of the 111th Congress into the Omnibus
Appropriations Act, 2009, which was signed by the President on March 11, 2009 (P.L. 111-8).
Congressional Research Service
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Table 4. Annual Appropriations Acts Enacted into Law During Lame-Duck Sessions: 1994-2008
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
103rd Congress
1994
November 29December 1
[none]
All 13 of the regular appropriations acts for FY1995 were enacted into law prior to the start of the fiscal year on
October 1, before the lame-duck session; all were enacted separately.
[none]
All 13 of the regular appropriations acts for FY1997 were enacted into law prior to the start of the fiscal year on
October 1. Seven of the measures were enacted separately, and six were incorporated into an omnibus measure,
the Omnibus Consolidated Appropriations Act for FY1997 (P.L. 104-208, September 30; 1996).
[none]
All 13 of the regular appropriations acts for FY1999 were enacted into law prior to the lame-duck session, five
separately and eight in an omnibus measure, the Omnibus Consolidated and Emergency Supplemental
Appropriations Act for FY1999 (P.L. 105-277; October 21, 2008).
104th Congress
1996
[no lame-duck
session held]
105th Congress
1998
December 17December 19
Over three days, the House considered and passed a resolution of impeachment against President Bill Clinton;
the Senate was not in session.
106th Congress
2000
November 13December 15
Regular Appropriations Acts
• P.L. 106-522, District of
Columbia Appropriations Act for
FY2001
(November 22, 2000)
• P.L. 106-553, CommerceJustice-State Appropriations Act
for FY2001
(December 21, 2000)
• P.L. 106-554, Consolidated
Appropriations Act for FY2001
(December 21, 2000)
CRS-11
Regular Appropriations Acts. Eight of the 13 regular appropriations acts for FY2001 were enacted into law
prior to the lame-duck session, six separately and two as part of an omnibus measure, the VA-HUD
Appropriations Act for 2001 (P.L. 106-377, October 27, 2000), which also included funding for the Energy-Water
Development Appropriations Act for FY2001.
The remaining five regular appropriations acts for FY2001were considered and enacted into law during (or
immediately after) the lame-duck session.b An omnibus measure, the Consolidated Appropriations Act for
FY2001 (P.L. 106-554), covered the following three regular appropriations acts: (1) Labor-HHS-Education, (2)
Legislative Branch, and (3) Treasury-Postal Service.
The District of Columbia Appropriations Act for FY2001 (P.L. 106-522) and the Commerce-Justice-State
Appropriations Act for FY2001 (P.L. 106-553) were enacted separately.
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Continuing Appropriations
Acts
• P.L. 106-520, Further Continuing
Appropriations Act for FY2001
(November 15, 2000)
Commentary
Continuing Appropriations Acts. Fifteen continuing appropriations acts were enacted into law before the
lame-duck session began.
Six further continuing appropriations acts were considered and enacted during the lame-duck session.
• P.L. 106-537, Further Continuing
Appropriations Act for FY2001
(December 5, 2000)
• P.L. 106-539, Further Continuing
Appropriations Act for FY2001
(December 7, 2000)
• P.L. 106-540, Further Continuing
Appropriations Act for FY2001
(December 8, 2000)
• P.L. 106-542, Further Continuing
Appropriations Act for FY2001
(December 11, 2000)
• P.L. 106-543, Further Continuing
Appropriations Act for FY2001
(December 15, 2000)
107th Congress
2002
November 7November 22
Regular Appropriations Acts
[none]
Regular Appropriations Acts. Two of the 13 regular appropriations acts for FY2003 were enacted into law
before the lame-duck session began (the Defense and Military Construction Appropriations Acts).
All of the remaining 11 regular appropriations acts for FY2003 were considered and enacted into law early in the
next Congress as an omnibus measure, the Consolidated Appropriations Resolution for FY2003 (P.L. 108-7;
February 20, 2003).
Continuing Appropriations
Acts
• P.L. 107-294, Further Continuing
Appropriations Act for FY2003
(November 23, 2002)
Continuing Appropriations Acts. Four continuing appropriations acts were enacted into law before the lameduck session began.
One further continuing appropriations act for FY2003 was considered and enacted into law during the lame-duck
session (P.L. 107-294).c
Three more continuing appropriations acts were enacted early in the next Congress.
CRS-12
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
108th Congress
2004
November 16December 8
Regular Appropriations Acts
• P.L. 108-447, Consolidated
Appropriations Act for FY2005
(December 8, 2004)
Regular Appropriations Acts. Four of the 13 regular appropriations acts for FY2005 were enacted into law
before the lame-duck session began (the Defense, District of Columbia, Homeland Security, and Military
Construction Appropriations Acts); all were enacted separately.
Continuing Appropriations
Acts
• P.L. 108-416, Further Continuing
Appropriations Act for FY2005
(November 21, 2004)
Continuing Appropriations Acts. One continuing appropriations act was enacted into law before the lameduck session began.
The remaining nine regular appropriations acts for FY2005 were considered and enacted into law during the
lame-duck session as part of an omnibus measure, the Consolidated Appropriations Act for FY2005 (P.L. 108447).
Two further continuing appropriations act for FY2005 were considered and enacted into law during the lameduck session (P.L. 108-416 and 108-434).
• P.L. 108-434, Further Continuing
Appropriations Act for FY2005
(December 3, 2004)
109th Congress
2006
November 9December 9
Regular Appropriations Acts
[none]
Regular Appropriations Acts. Two of the 11d regular appropriations acts for FY2007 were enacted into law
before the lame-duck session began (the Defense and Homeland Security Appropriations Acts).
None of the remaining nine regular appropriations acts for FY2007 were enacted into law during (or after) the
lame-duck session. Funding for the rest of the fiscal year for all of the remaining regular appropriations acts was
provided early in the 110th Congress in a full-year continuing resolution, the Revised Continuing Appropriations
Resolution for FY2007 (P.L. 110-5; February 15, 2007).
During the lame-duck session, the Senate considered and passed H.R. 5385, the Military Construction, Military
Quality of Life, and Veterans Affairs Appropriations Act, but the two chambers did not take any conference
action on the bill.
Continuing Appropriations
Acts
• P.L. 109-369, Further Continuing
Appropriations Act for FY2007
(November 17, 2006)
• P.L. 109-383, Further Continuing
Appropriations Act for FY2007
(December 9, 2004)
CRS-13
Continuing Appropriations Acts. One continuing appropriations act was enacted into law before the lameduck session began.
Two further continuing appropriations act for FY2007 were considered and enacted into law during the lameduck session, (P.L. 109-369 and P.L. 109-383).
Dates of
Lame-Duck
Sessiona
Appropriations Acts Enacted
Into Law During
the Lame-Duck Session
Commentary
110th Congress
2008
November 19January 3
Regular Appropriations Acts
[none]
Regular Appropriations Acts. Three of the 12d regular appropriations acts for FY2009 were enacted into law
before the lame-duck session began (the Defense, Homeland Security, and Military Construction/Veteran’s Affairs
Appropriations Acts).
The remaining nine regular appropriations acts for FY2009 were considered and enacted into law early in the
next Congress via the Omnibus Appropriations Act for FY2009 (P.L. 111-8; March 11, 2009).
Continuing Appropriations
Acts
[none]
Continuing Appropriations Acts. One continuing appropriations act was enacted into law before the lameduck session began that extended appropriations through March 6, 2009 (P.L. 110-329).
Sources: Prepared by the Congressional Research Service from information provided in the Legislative Information System and the Status Table of Appropriations for various
fiscal years at the CRS website (http://www.crs.gov/products/appropriations/appover.shtml).
a.
The starting and ending dates refer to the first date and the last date that the House, the Senate, or both were in session after election day (the Tuesday after the first
Monday in November). In 2002, the House and Senate stayed in session, rather than adjourning prior to the election and then reconvening; November 7 was the first
day of session after election day, which was November 5 that year. In 2006, the Senate adjourned sine die after the House, but not until after 4:00 in the morning on
December 9.
b.
In 2000, the House and Senate completed action on five regular appropriations acts for FY2001 during the lame-duck session, but four of them were signed into law on
December 21, six days after the session had ended. For purposes of this memorandum, all five acts are regarded as having been enacted during the lame-duck session.
c.
In 2002, the continuing appropriations act for FY2003 considered during the lame-duck session was enacted into law on November 23, the day after the session ended.
For purposes of this memorandum, the continuing appropriations act is considered to have been enacted during the lame-duck session.
d.
The number of regular appropriations acts was changed from 13 to 11 during the 109th Congress as a result of reorganization of the House and Senate Appropriations
Committees. This number was again changed from 11 to 12 in the 110th Congress due to the further reorganization of the Appropriations Committees that occurred
in both chambers. For further information, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from 1920-2007, by James V. Saturno.
CRS-14
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Author Contact Information
Jessica Tollestrup
Analyst on Congress and the Legislative Process
jtollestrup@crs.loc.gov, 7-0941
Acknowledgments
The original version of this report was written by Robert Keith, formerly a Specialist in American National
Government at CRS. The listed author has revised and updated this report and is available to respond to
inquiries on the subject.
Congressional Research Service
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