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 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.
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, 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).
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Table 1. Party Control of Government During
Lame-Duck Sessions: 1994-2006
Lame-Duck Session
Party Control
Congress
Duration
Dates
Presidency
House
Senate
(in days)
103rd
11/29-12/1
3
D
D
D
1994
(Clinton)
104th
[none]
—
D
R
R
(Clinton)
105th
12/17-12/19
3
D
R
R
1998
(Clinton)
106th
11/13-12/15
33
D
R
R
2000
(Clinton)
107th
11/7-11/22
16
R
R
D
2002
(GW Bush)
108th
11/16-12/8
23
R
R
R
2004
(GW Bush)
109th
11/9-12/9
31
R
R
R
2006
(GW Bush)
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 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 full-
year 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 lame-
duck session, and 11 were enacted afterwards.8
Figure 1. Regular Appropriations Acts Enacted Before, During, and
After Lame-Duck Sessions: 1994-2006
14
12
10
ts
c
f A
8
r o
e
b
6
m
Nu
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 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.
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
During
After
Lame-Duck
Lame-Duck
Lame-Duck
Total
Session
Session
Session
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 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 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 lame-
duck 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 lame-
duck 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
During
After
Lame-Duck
Lame-Duck
Lame-Duck
Total
Session
Session
Session
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 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
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 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 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.
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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.
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).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.
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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-HUD-
Judiciary-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. 109-
383. 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. 110-
5; February 15, 2007).
Information regarding action on annual appropriations acts in the 2006 lame-
duck 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
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
the Lame-Duck Session
103rd Congress
1994
[none]
All 13 of the regular appropriations acts for FY1995 were enacted into law prior to the start
November 29-
of the fiscal year on October 1, before the lame-duck session; all were enacted separately.
December 1
104th Congress
1996
[none]
All 13 of the regular appropriations acts for FY1997 were enacted into law prior to the start
[no lame-duck
of the fiscal year on October 1. Seven of the measures were enacted separately, and six were
session held]
incorporated into an omnibus measure, the Omnibus Consolidated Appropriations Act for
FY1997 (P.L. 104-208, September 30; 1996).
105th Congress
1998
[none]
All 13 of the regular appropriations acts for FY1999 were enacted into law prior to the lame-
December 17-
duck session, five separately and eight in an omnibus measure, the Omnibus Consolidated and
December 19
Emergency Supplemental Appropriations Act for FY1999 (P.L. 105-277; October 21, 2008).
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
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
the Lame-Duck Session
106th Congress
2000
Regular Appropriations Acts
Regular Appropriations Acts. Eight of the 13 regular appropriations acts for FY2001 were
November 13-
• P.L. 106-522, District of Columbia
enacted into law prior to the lame-duck session, six separately and two as part of an omnibus
December 15
Appropriations Act for FY2001
measure, the VA-HUD Appropriations Act for 2001 (P.L. 106-377, October 27, 2000), which
(November 22, 2000)
also included funding for the Energy-Water Development Appropriations Act for FY2001.
• P.L. 106-553, Commerce-Justice-State
The remaining five regular appropriations acts for FY2001were considered and enacted into
Appropriations Act for FY2001
law during (or immediately after) the lame-duck session.b An omnibus measure, the
(December 21, 2000)
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)
• P.L. 106-554, Consolidated Appropriations
Treasury-Postal Service.
Act for FY2001
(December 21, 2000)
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.
Continuing Appropriations Acts
Continuing Appropriations Acts. Fifteen continuing appropriations acts were enacted into
• P.L. 106-520, Further Continuing
law before the lame-duck session began.
Appropriations Act for FY2001
(November 15, 2000)
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)
CRS-15
Dates of
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
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)
CRS-16
Dates of
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
the Lame-Duck Session
107th Congress
2002
Regular Appropriations Acts
Regular Appropriations Acts. Two of the 13 regular appropriations acts for FY2003 were
November 7-
[none]
enacted into law before the lame-duck session began (the Defense and Military Construction
November 22
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
Continuing Appropriations Acts. Four continuing appropriations acts were enacted into law
• P.L. 107-294, Further Continuing
before the lame-duck session began.
Appropriations Act for FY2003
(November 23, 2002)
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
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
the Lame-Duck Session
108th Congress
2004
Regular Appropriations Acts
Regular Appropriations Acts. Four of the 13 regular appropriations acts for FY2005 were
November 16-
• P.L. 108-447, Consolidated Appropriations
enacted into law before the lame-duck session began (the Defense, District of Columbia,
December 8
Act for FY2005
Homeland Security, and Military Construction Appropriations Acts); all were enacted
(December 8, 2004)
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).
Continuing Appropriations Acts
Continuing Appropriations Acts. One continuing appropriations act was enacted into law
• P.L. 108-416, Further Continuing
before the lame-duck session began.
Appropriations Act for FY2005
(November 21, 2004)
Two further continuing appropriations act for FY2005 were considered and enacted into law
• P.L. 108-434, Further Continuing
during the lame-duck session (P.L. 108-416 and 108-434).
Appropriations Act for FY2005
(December 3, 2004)
CRS-18
Dates of
Appropriations Acts Enacted
Lame-Duck
Into Law During
Commentary
Sessiona
the Lame-Duck Session
109th Congress
2006
Regular Appropriations Acts
Regular Appropriations Acts. Two of the 11 regular appropriations acts for FY2007 were
November 9-
[none]
enacted into law before the lame-duck session began (the Defense and Homeland Security
December 9
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
Continuing Appropriations Acts. One continuing appropriations act was enacted into law
• P.L. 109-369, Further Continuing
before the lame-duck session began.
Appropriations Act for FY2007
(November 17, 2006)
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).
• P.L. 109-383, Further Continuing
Appropriations Act for FY2007
(December 9, 2004)
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