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 onOctober1,2008. 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.
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