Enactment of Appropriations Measures During Lame Duck Sessions
Enactment of Appropriations Measures During Lame Duck Sessions
Updated September 5, 2024
Congressional Research Service
https://crsreports.congress.gov
R46574
Congressional Research Service
SUMMARY
Enactment of Appropriations Measures During Lame Duck Sessions
Fourteen of the past 15 Congresses have concluded with post-election, or “lame duck,” sessions. Under contemporary conditions, any meeting of Congress that occurs between a congressional election in November and the following January 3 is termed a lame duck session. The defining characteristic of a lame duck session is that its participants are the sitting Members of the existing Congress, not those who have been elected to sit in the new Congress.
The enactment of appropriations measures has been an element of most of the lame duck sessions since the 103rd Congress. No regular or continuing appropriations measures (continuing resolutions, or CRs) were enacted during lame duck sessions held in 1994, 1998, 2008, and 2012. However, a total of 49 regular and 25 CRs were enacted during the 10 other lame duck sessions held in 2000, 2002, 2004, 2006, 2010, 2014, 2016, 2018, 2020, and 2022.
Lame duck sessions have in some instances afforded Congress an opportunity to complete action on regular appropriations for a fiscal year. In other instances, Congress completed action on regular appropriations either before or after a lame duck session. In total, 51 of the 172 full-year appropriations acts signed into law during this period were enacted prior to a lame duck session, 49 were enacted during a lame duck session, and 72 were enacted after a lame duck session by the next Congress.
The enactment of CRs was also an important element in most, but not all, of the lame duck sessions that occurred during the 103rd-117th Congresses. In total, 72 CRs were enacted for fiscal years that coincided with lame duck sessions over this period. Thirty-five of these CRs were enacted prior to a lame duck session, 25 were enacted during a lame duck session, and 12 were enacted after a lame duck session by the next Congress.
R46574
September 5, 2024
Drew C. Aherne Analyst on Congress and the Legislative Process
Enactment of Appropriations Measures During Lame Duck Sessions
Congressional Research Service
Contents
Background ..................................................................................................................................... 1 Appropriations Measures Enacted Before, During, and After Lame Duck Sessions ...................... 2
Regular Appropriations Acts ..................................................................................................... 4
No Enactment of Regular Appropriations Bills During a Lame Duck Session .................. 5 Enactment of Regular Appropriations Bills During a Lame Duck Session ........................ 5 Enactment of Regular Appropriations Bills After a Lame Duck Session ........................... 5
Continuing Resolutions ............................................................................................................. 5
No Enactment of Continuing Resolutions During Lame Duck Sessions ............................ 7
Enactment of Continuing Resolutions During Lame Duck Sessions .................................. 7
Enactment of Continuing Resolutions After Lame Duck Sessions ..................................... 7
Summary of Congressional Action on Appropriations Measures Enacted Before, During,
and After Each Lame Duck Session Held Between 1994-2022 ................................................... 8
1994 Lame Duck Session .......................................................................................................... 8
No Lame Duck Session Held in 1996 ....................................................................................... 8 1998 Lame Duck Session .......................................................................................................... 8
2000 Lame Duck Session .......................................................................................................... 8
2002 Lame Duck Session .......................................................................................................... 9
2004 Lame Duck Session .......................................................................................................... 9
2006 Lame Duck Session ........................................................................................................ 10
2008 Lame Duck Session ........................................................................................................ 10
2010 Lame Duck Session ........................................................................................................ 10
2012 Lame Duck Session ......................................................................................................... 11
2014 Lame Duck Session ......................................................................................................... 11
2016 Lame Duck Session ......................................................................................................... 11
2018 Lame Duck Session ........................................................................................................ 12
2020 Lame Duck Session ........................................................................................................ 12
2022 Lame Duck Session ........................................................................................................ 13
Tables
Table 1. Duration of Lame Duck Session and Party Control of Government ................................. 3 Table 2. Regular Appropriations Acts Enacted Before, During, and After Lame Duck
Sessions: 1994-2022 ..................................................................................................................... 4
Table 3. Continuing Resolutions Enacted Before, During, and After Lame Duck Sessions ........... 6
Contacts
Author Information ........................................................................................................................ 13
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he activities of most federal agencies are at least partially funded by means of annual appropriations acts. These appropriations are typically provided in the regular appropriations bills that are enacted for each fiscal year. Some or all of the regular
appropriations bills may be enacted before the fiscal year begins. In recent decades, however, it has been common for most—if not all—of the regular appropriations bills to be enacted after the October 1 start of the fiscal year.1 In a number of recent instances, the consideration of regular appropriations bills has carried over to the following session of Congress. When action on the regular appropriations acts is delayed beyond the start of the fiscal year, one or more continuing appropriations acts (commonly known as continuing resolutions or CRs) may be enacted to provide interim funding.
Fourteen of the past 15 Congresses, covering the 103rd Congress through the 117th Congress, have concluded with a post-election, or “lame duck,” session.2 The enactment of appropriations measures has been an important aspect of the agenda for many of these sessions.
This report provides information on regular appropriations acts and CRs enacted during lame duck sessions between 1994 and 2022 (i.e., appropriations bills for FY1995, FY1999, FY2001, FY2003, FY2005, FY2007, FY2009, FY2011, FY2013, FY2015, FY2017, FY2019, FY2021, and FY2023).3
Background
A lame duck session is one that occurs during the period following Election Day and before the convening of a new Congress about two months later in early January. Under the Twentieth Amendment to the Constitution, Congress is required to convene at noon on January 3 following the election unless by statute it designates a different day.4 In recent years, new Congresses have convened during the first week of January in each odd-numbered year, but not necessarily on January 3.5 As pointed out in a CRS report:
Since 1935, the constitutional term of a Congress has begun on January 3 of each odd- numbered year and has ended on January 3 of the next odd-numbered year. As a result, any meeting of Congress that occurs between the congressional election in November of an even-numbered year 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.6
Several factors may contribute to the scheduling of lame duck sessions, including the need to deal with unfinished business or urgent matters that have arisen suddenly. For example, lame duck sessions have been used for such matters as the consideration of authorization measures for the
1 Regular appropriations bills may be enacted individually or as part of a consolidated appropriations act (commonly referred to as an “omnibus”). For more information on the latter, see CRS Insight IN12324, Omnibus Appropriations: Overview of Recent Practice. In addition, annual appropriations are sometimes provided by a full-year continuing resolution that funds (or “covers”) the activities that would normally be funded in a regular appropriations act. For more information, see CRS Report R46595, Continuing Resolutions: Overview of Components and Practices.
2 No such session occurred in 1996 during the 104th Congress.
3 The 103rd Congress began on January 5, 1993, and the 117th Congress ended on January 3, 2023.
4 Section 2 of the Twentieth 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 https://constitution.congress.gov/browse/amendment-20/.
5 For more information, see CRS Report RS20722, The First Day of a New Congress: A Guide to Proceedings on the Senate Floor.
6 CRS Report R45154, Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses).
T
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Department of Defense and intelligence activities, the finalization of a measure establishing the Department of Homeland Security (DHS), the House impeachment proceedings against President Bill Clinton, and the enactment of legislation in response to the COVID-19 pandemic. In most recent Congresses, lame duck sessions have been used to take action on regular or continuing appropriations bills for a fiscal year.
Twenty-four lame duck sessions occurred between 1935 and 2022.7 Ten of the 24 lame duck sessions occurred between 1935 and 1990, an average of one out of every three Congresses during this period. The use of such sessions has become more common in recent decades, occurring about twice as frequently. The remaining 14 lame duck sessions—which occurred after the 1994, 1998, 2000, 2002, 2004, 2006, 2008, 2010, 2012, 2014, 2016, 2018, 2020, and 2022 elections—covered a span of 15 Congresses. As Table 1 shows, lame duck sessions occurred during this period regardless of 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, 2006, 2010, 2018, and 2022) or divided. Further, lame duck sessions occurred in both presidential election years (2000, 2004, 2008, 2012, 2016, and 2020) and nonpresidential election years.
Appropriations Measures Enacted Before, During, and After Lame Duck Sessions
Between calendar years 1994 and 2022, lame duck sessions have in some instances afforded Congress an opportunity to complete action on some or all regular appropriations for a fiscal year. In other instances, Congress completed action on regular appropriations either before or after a lame duck session. A total of 172 regular appropriations acts were enacted (or covered by full- year CRs) for the fiscal years that coincided with lame duck sessions (see Table 2).
In addition, a total of 72 CRs were enacted for the fiscal years that coincided with lame duck sessions during this same period (see Table 3). The consideration of one or more CRs was carried out during most of these lame duck sessions.
Information regarding regular appropriations acts and CRs enacted before, during, and after each lame duck session is displayed in Table 1 and Table 2. Additional information on the enactment of appropriations measures for fiscal years coinciding with each lame duck session over this period is also provided in the section of this report titled “Summary of Congressional Action on Appropriations Measures Enacted Before, During, and After Each Lame Duck Session Held Between 1994-2022.”
7 See CRS Report R45154, Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses). According to the report, “The possibility of a lame duck session of Congress in the modern sense began with the ratification of the Twentieth Amendment to the Constitution. Under this amendment, ratified in 1933, the terms of Members begin and end on January 3 of odd-numbered years. Congress convenes in a regular session on January 3 of each year unless it passes a law changing the date. Thus, the 74th Congress (1935-1937) was the first to begin its first session and the terms of its Members on the new date. Any meeting of Congress after a federal election day (in November of even-numbered years) but before the following January 3 is a lame duck session.”
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Table 1. Duration of Lame Duck Session and Party Control of Government
1994-2022
Congress
Lame Duck Session Party Control
Dates
Duration
(in calendar days)a Administrationb 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
(G. W. Bush)
R D
108th 11/16-12/8
2004
23 R
(G. W. Bush)
R R
109th 11/9-12/9
2006c
31 R
(G. W. Bush)
R R
110th 11/19/2008-
1/3/2009
46 R
(G. W. Bush)
D D
111th 11/4-12/29
2010
56 D
(Obama)
D D
112th 11/9/2012-1/3/2013 56 D
(Obama)
R D
113th 11/12/2014-
1/3/2015
53 D
(Obama)
R D
114th 11/14/2016-
1/2/2017
50 D
(Obama)
R R
115th 11/13/2018-
1/3/2019
52 R
(Trump)
R R
116th 11/9/2020-1/3/2021 56 R
(Trump)
D R
117th 11/14/2022 –
1/3/2023
51 D
(Biden)
D D
Sources: Prepared by CRS using data from the LIS/Congress.gov and CQ Guide to Congress, 6th ed., vol. II (Washington: CQ Press, 2008), p. 1306. a. 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. This does not refer to the number of days that one or both chambers were in session during that period.
b. D refers to the Democratic Party and R refers to the Republican Party.
c. The House and Senate adjourned early in the morning of December 9 (before 5:00 a.m.).
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Regular Appropriations Acts
Table 2 provides information on regular appropriations bills signed into law for fiscal years that coincided with lame duck sessions between 1994 and 2022. There has been considerable variance in the degree to which regular appropriations have been completed before, during, or after the 14 most recent lame duck sessions held since 1994. The count of regular appropriations acts in Table 2 includes those that were enacted in both standalone or consolidated vehicles, as well as those covered by full-year CRs. During the 109th Congress (2005-2006), the number of regular appropriations acts was reduced from 13 to 11 due to a reorganization of the House and Senate Appropriations Committees.8 At the beginning of the 110th Congress, a further reorganization of the appropriations subcommittees took effect, which resulted in an increase in the number of regular appropriations acts to 12.
In total, 51 of the 172 regular appropriations acts during this period were enacted before the beginning of the applicable lame duck session, 49 were enacted during the lame duck session, and 72 were enacted after the lame duck session by the new Congress.9
Table 2. Regular Appropriations Acts Enacted Before, During, and After Lame Duck
Sessions: 1994-2022
Calendar
Year
Number of Regular Appropriations Acts
Enacted:
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
2010 0 0 12 12
2012 0 0 12 12
2014 0 11 1 12
2016 1 0 11 12
2018 5 0 7 12
2020 0 12 0 12
2022 0 12 0 12
Total 51 49 72 172
8 For more, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from 1920 to 2023.
9 In 2000, the House and Senate passed 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. This delay in enactment was due not to congressional inaction but to a delay in the signing of the acts by the President. For purposes of this report, all five acts are regarded as having been enacted during the lame duck session.
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Source: Prepared by CRS using the CRS Appropriations Status Table and congress.gov. Notes: This table excludes 1996 because no lame duck session was held at the end of the 104th Congress. All regular appropriations bills for FY1997 were enacted prior to the start of the fiscal year.
No Enactment of Regular Appropriations Bills During a Lame Duck Session
No regular appropriations bills were enacted during nine of the 14 lame duck sessions since 1994 (1994, 1998, 2002, 2006, 2008, 2010, 2012, 2016, and 2018). In two of these lame duck sessions (1994 and 1998), no action was taken on regular appropriations bills because all of the regular appropriations bills for the applicable fiscal years (FY1995 and FY1999, respectively) had been enacted prior to the start of the lame duck session. In other years (2002, 2006, 2008, 2010, 2012, 2016, and 2018), no regular appropriations bills were enacted during the lame duck session despite action being incomplete on some or all of the regular appropriations bills for the applicable fiscal years. On two of these occasions (2010 and 2012), none of the regular appropriations bills was enacted either prior to or during the lame duck session, thus leaving the passage of all regular appropriations bills for the applicable fiscal years (FY2011 and FY2013, respectively) to the new Congress.
Enactment of Regular Appropriations Bills During a Lame Duck Session
Enactment of regular appropriations bills was an important element in five lame duck sessions since 1994 (2000, 2004, 2014, 2020, and 2022). In four of these lame duck sessions (2000, 2004, 2020, and 2022), Congress completed action on all remaining regular appropriations bills for the applicable fiscal year during the lame duck session. In two of these lame duck sessions (2020 and 2022), all regular appropriations for the applicable fiscal year (FY2021 and FY2023, respectively) were enacted during the lame duck session. Eleven of the 12 regular appropriations bills for FY2015 were enacted during the 2014 lame duck session, with one being enacted during the new Congress.
Enactment of Regular Appropriations Bills After a Lame Duck Session
Consideration of regular appropriations acts for the applicable fiscal year has continued beyond the lame duck session and into the new Congress on eight occasions since 1994 (2002, 2006, 2008, 2010, 2012, 2014, 2016, and 2018). On two occasions (2010 and 2012), no regular appropriations bills were enacted prior to or during the lame duck session, and all regular appropriations (for FY2011 and FY2013, respectively) were enacted after the lame duck session during the new Congress. On five occasions (2002, 2006, 2008, 2016, and 2018), all regular appropriations for the applicable fiscal year were enacted either before or after the lame duck session, with none enacted during the session. The lame duck session in 2014 was the one occasion over this period where regular appropriations bills (for FY2015) were enacted either during (11) or after (1) a lame duck session, with none enacted beforehand.
Continuing Resolutions
CRs have been an integral component of the annual appropriations process for decades. When action on one or more of the regular appropriations bills is not completed by the October 1 start of the new fiscal year, CRs may be enacted to provide interim funding, thereby avoiding a disruption in agency operations.10 CRs are typically intended to provide interim funding (i.e., for a matter of days, weeks, or months) until action on regular appropriations is complete. They have on
10 For a more on CRs, see CRS Report R46595, Continuing Resolutions: Overview of Components and Practices.
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occasion, however, provided funding for the remainder of a fiscal year (known as a “full-year CR”).
The duration for a CR to be in effect is often a source of debate during its development and consideration. With any given CR, some in Congress may favor one or more short-term CRs in order to “buy time” for ongoing negotiations on regular appropriations while maintaining incentives to complete the process. Some may favor a longer-term CR to postpone final action on appropriations beyond a certain date, among other potential reasons. These debates may be amplified in the context of lame duck sessions due to political considerations related to election outcomes and an impending new Congress.
There has been considerable variation in the degree to which CRs have been used to provide interim funding during the 14 most recent lame duck sessions since 1994 (see Table 3). A total of 72 CRs were enacted for the fiscal years that coincided with lame duck sessions during this period. In total, 35 of the 72 CRs were enacted before the beginning of a lame duck session, 25 were enacted during a lame duck session, and 12 were enacted afterwards by the new Congress.11
Table 3. Continuing Resolutions Enacted Before, During, and After Lame Duck
Sessions 1994-2022
Calendar
Year
Number of Continuing Appropriations Acts
Enacted:
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
2008 1 0 0 1
2010 1 3 4* 8
2012 1 0 1* 2
2014 1 3 1 5
2016 1 1 1 3
2018 1 1 1 3
2020 1 4 0 5
2022 1 2 0 3
Total 35 25 12 72
Source: Prepared by CRS using the CRS Appropriations Status Table and congress.gov.
11 In 2002, the CR for FY2003 considered during the lame duck session was signed into law on November 23, the day after the session ended. For purposes of this report, the CR is included among those enacted during a lame duck session because congressional action occurred during the session.
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Notes: * indicates that the final CR enacted for the fiscal year was a full-year CR covering some of the regular appropriations bills for the applicable fiscal year. The only CRs enacted after the lame duck sessions in 2006 and 2012 (for FY2007 and FY2013, respectively) were in the form of full-year CRs covering some of the regular appropriations bills for those fiscal years. This table excludes 1996 because no lame duck session was held at the end of the 104th Congress. All regular appropriations bills for FY1997 were enacted prior to the start of the fiscal year, and thus no CRs were needed.
No Enactment of Continuing Resolutions During Lame Duck Sessions
The enactment of CRs did not play a role in four of the lame duck sessions held since 1994 (1994, 1998, 2008, and 2012). No CRs were needed during the lame duck sessions in 1994 and 1998, as all of the regular appropriations bills (for FY1995 and FY1999, respectively) were enacted before the start of the lame duck session.12 No CRs were enacted during the lame duck sessions held in 2008 and 2012 due to the enactment of a CR beforehand that lasted beyond the duration of the lame duck session. On both occasions, the CRs (for FY2009 and FY2013, respectively) enacted prior to the start of the lame duck session provided temporary funding into March of the new Congress.
Enactment of Continuing Resolutions During Lame Duck Sessions
Ten lame duck sessions since 1994 have involved the enactment of one or more CRs. In 2000, six CRs for FY2001 were enacted during the lame duck session. (Fifteen had been enacted before the session began.) In 2020, four CRs were enacted for FY2021 during the lame duck session. (One had been enacted before the session began.) Three CRs were enacted for FY2011 and FY2015 during the lame duck sessions in 2010 and 2014, respectively. (One had been enacted before each of the sessions began.) Either one or two CRs were enacted during each of the remaining six lame duck sessions in 2002 (1), 2004 (2), 2006 (2), 2016 (1), 2018 (1), and 2022 (2).
Enactment of Continuing Resolutions After Lame Duck Sessions
For five of the fiscal years that coincided with lame duck sessions since 1994 (FY2003, FY2011, FY2015, FY2017, and FY2019), one or more additional CRs were required in the new Congress to provide continued interim funding after the lame duck session of the previous Congress was over. CRs were enacted after two other lame duck sessions (2006 and 2012), but the only CRs enacted by the new Congress were in the form of a full-year CR covering some of the regular appropriations bills (for FY2007 and FY2013, respectively). A full-year CR covering some of the regular appropriations bills for FY2011 was also enacted by the new Congress after the lame duck session in 2010, but the new Congress had enacted three interim CRs prior to its enactment.
12 All of the regular appropriations bills for FY1995 were enacted prior to the start of the fiscal year and thus before the lame duck session began. All of the regular appropriations bills for FY1999 were enacted before the lame duck session began but not prior to the start of the fiscal year. Six CRs were enacted for FY1999 prior to action being completed on all regular appropriations bills on October 21.
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Summary of Congressional Action on Appropriations Measures Enacted Before, During, and After Each Lame Duck Session Held Between 1994-2022
A brief summary of action on regular appropriations and CRs enacted before, during, and after each of the 14 lame duck sessions that occurred from 1994 through 2022 is provided below.
1994 Lame Duck Session
At the end of the 103rd Congress, a lame duck session was held from November 29, 1994, to December 1, 1994.
All 13 of the regular appropriations acts for FY1995 were enacted prior to the start of the fiscal year on October 1, before the lame duck session began. All were enacted separately. No CRs were needed.
No Lame Duck Session Held in 1996
No lame duck session was held in 1996 at the end of the 104th Congress. All regular appropriations bills for FY1997 were enacted prior to the start of the fiscal year. Seven regular appropriations bills were enacted individually, and the remaining six were enacted in a consolidated measure on September 30 (P.L. 104-208).
1998 Lame Duck Session
At the end of the 105th Congress, a lame duck session was held in the House from December 17, 1998, to December 19, 1998.
All 13 of the regular appropriations acts for FY1999 were enacted prior to the lame duck session—five separately and eight in a consolidated measure, the FY1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (P.L. 105-277; October 21, 1998). Six CRs were enacted to provide interim funding from the start of the fiscal year on October 1 until action on all regular appropriations bills was completed on 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.
2000 Lame Duck Session
At the end of the 106th Congress, a lame duck session was held from November 13, 2000, to December 15, 2000.
Eight of the 13 regular appropriations acts for FY2001 were enacted prior to the lame duck session—six separately and two as part of a consolidated measure, the FY2001 VA-HUD Appropriations Act (P.L. 106-377; October 27, 2000), which also included funding for the FY2001 Energy-Water Development Appropriations Act. Fifteen short-term CRs were also enacted before the lame duck session began.
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The remaining five regular appropriations acts for FY2001 were enacted during the lame duck session.13 A consolidated measure, the FY2001 Consolidated Appropriations Act (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 FY2001 District of Columbia Appropriations Act (P.L. 106-522; November 22, 2000) and the FY2001 Commerce- Justice-State Appropriations Act (P.L. 106-553; December 21, 2000) were enacted separately. Six CRs were also enacted during the lame duck session that provided interim funding until action on all of the regular appropriations bills was complete.
2002 Lame Duck Session
At the end of the 107th Congress, a lame duck session was held from November 7, 2002, to November 22, 2002.
Two of the regular appropriations acts for FY2003 were enacted before the lame duck session began—the FY2003 Defense Appropriations Act (P.L. 107-248) and the FY2003 Military Construction Appropriations Act (P.L. 107-249). They both became law on October 23, 2002. Four CRs for FY2003 were also enacted before the lame duck session began.
One additional CR for the fiscal year was enacted during the lame duck session (P.L. 107-294; November 23, 2002)14 but no regular appropriations acts were considered during the session.
Three more CRs were enacted early in the next Congress, and all of the remaining 11 regular appropriations acts for FY2003 were subsequently enacted as a single measure, the FY2003 Consolidated Appropriations Resolution (P.L. 108-7; February 20, 2003), several weeks into the new Congress.
2004 Lame Duck Session
At the end of the 108th Congress, a lame duck session was held from November 16, 2004, to December 8, 2004.
Four of the 13 regular appropriations acts for FY2005 were enacted separately before the lame duck session began (the Defense, District of Columbia, Homeland Security, and Military Construction Appropriations Acts). One CR was also enacted before the lame duck session began.
Two additional CRs for FY2005 were enacted during the lame duck session: P.L. 108-416 (November 21, 2004) and P.L. 108-434 (December 3, 2004). The remaining nine regular appropriations acts for FY2005 were then enacted during the lame duck session as part of a consolidated measure, the FY2005 Consolidated Appropriations Act (P.L. 108-447; December 8, 2004).
13 The House and Senate passed 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 report, all five acts are regarded as having been enacted during the lame duck session because this delay was not due to congressional inaction.
14 Congress passed the CR during the lame duck session, but it was signed into law on November 23, the day after the session ended. For the purpose of this report, the CR is considered to have been enacted during the lame duck session because this delay was not due to congressional inaction.
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2006 Lame Duck Session
At the end of the 109th Congress, a lame duck session was held from November 13, 2006, to December 9, 2006.
Two of the 11 regular appropriations acts for FY2007 were separately enacted before the lame duck session began. The FY2007 Defense Appropriations Act (P.L. 109-289) and the FY2007 Homeland Security Appropriations Act (P.L. 109-295) were signed into law on September 29 and October 4, respectively. Interim funding for the nine remaining appropriations acts was provided through November 17 by a CR enacted on September 29 (P.L. 109-289).
Two additional CRs were passed during the lame duck session. P.L. 109-369 was enacted on November 17 to provide appropriations through December 8. When it became apparent that action on regular appropriations would not be completed, P.L. 109-383 was enacted on December 9 to provide appropriations through February 15, 2007.
Action on the nine remaining regular appropriations acts was completed during the following session of Congress via a full-year CR (H.J.Res. 20) that was signed into law on February 15, 2007 (P.L. 110-5).
2008 Lame Duck Session
At the end of the 110th Congress, a lame duck session was held from November 19, 2008, to January 3, 2009.
Three of the 12 regular appropriations acts for FY2009 (Defense, Homeland Security, and Military Construction/Veterans Affairs) were enacted before the lame duck session as part of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which became law on September 30 (P.L. 110-329). The CR portion of this act extended funding for the nine remaining appropriations acts through March 6, 2009.
Congress took no action on appropriations during the 2008 lame duck session.
The remaining regular appropriations acts for FY2009 were enacted in the early days of the 111th Congress in the FY2009 Omnibus Appropriations Act, which the President signed on March 11, 2009 (P.L. 111-8).
2010 Lame Duck Session
At the end of the 111th Congress, a lame duck session was held from November 4, 2010, to December 19, 2010.
None of the 12 regular appropriations bills for FY2011 had been enacted by the pre-election recess, and only two regular appropriations bills for FY2011 (Military Construction/Veterans Affairs and Transportation/Housing and Urban Development) had been passed by the House. A CR (P.L. 111-242) was enacted on September 30 that provided interim funding for all 12 bills through December 3.
None of the regular appropriations bills was enacted during the 2010 lame duck session. Interim funding for FY2011 was further extended through March 4, 2011, by three additional CRs (P.L. 111-290, enacted on December 4, 2010; P.L. 111-317, enacted on December 18, 2010; and P.L. 111-322, enacted on December 22, 2010).
In the first months of the 112th Congress, three additional CRs further extended this interim funding (P.L. 112-4, enacted on March 2, 2011; P.L. 112-6, enacted on March 18, 2011; and P.L.
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112-8, enacted on April 9, 2011). The appropriations process for FY2011 was ultimately completed on April 15, 2011, through the enactment of P.L. 112-110, the FY2011 Department of Defense and Full-Year Continuing Appropriations Act. Division A of the act contained the FY2011 Defense appropriations act, while funding for the remaining 11 bills was provided in Division B through a full-year CR.
2012 Lame Duck Session
At the end of the 112th Congress, a lame duck session was held from November 9, 2012, to January 3, 2013.
None of the regular appropriations bills had been enacted by the pre-election recess. Seven bills had been passed by the House and none by the Senate. A CR (P.L. 112-175) was enacted on September 28, 2012, to provide interim funding through March 27, 2013.
Congress took no action on appropriations for FY2013 during the lame duck session.
The appropriations process for FY2013 was completed by the new Congress on March 26, 2013, through the enactment of P.L. 113-6, the FY2013 Consolidated and Further Continuing Appropriations Act. Five of the 12 regular bills were enacted in Divisions A-E of the act, while funding for the remaining seven was provided through a full-year CR contained in Division F of the act.
2014 Lame Duck Session
At the end of the 113th Congress, a lame duck session was held from November 12, 2014, to January 3, 2015.
Because none of the regular appropriations bills had been enacted by the start of the fiscal year, a CR was enacted before the lame duck session to provide interim funding through December 11, 2014 (P.L. 113-164, September 19, 2014).
During the lame duck session, 11 of the 12 regular appropriations acts for FY2015 were enacted on December 16, 2014, as part of the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235). That law also contained a CR that provided further interim funding for the DHS appropriations bill through February 27, 2015. Two additional CRs (P.L. 113-202, December 12, 2014; and P.L. 113-203, December 13, 2014) were enacted during the lame duck session to provide short-term appropriations while the consolidated measure was being completed.
During the next congressional session, one further CR (P.L. 114-3) was enacted to extend interim funding for DHS through March 6, 2015. The FY2015 Department of Homeland Security Appropriations Act (P.L. 114-4) was enacted on March 4, 2015.
2016 Lame Duck Session
At the end of the 114th Congress, a lame duck session was held from November 14, 2016, to January 2, 2017.
One regular appropriations bill for FY2017 (Military Construction and Veterans Affairs) was enacted before the lame duck session began (P.L. 114-223). That law also contained a CR providing interim funding for the other 11 appropriations bills for FY2017 through December 9, 2016.
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During the lame duck session, a second CR was enacted on December 10 to extend interim funding through April 28, 2017 (P.L. 114-254).
In the next Congress, a third CR was enacted on April 28 that further extended interim funding through May 5, 2017 (P.L. 115-30). A consolidated appropriations measure (P.L. 115-31) containing the remaining 11 regular appropriations bills for FY2017 was signed into law on May 5, 2017.
2018 Lame Duck Session
At the end of the 115th Congress, a lame duck session was held from November 13, 2018, to January 3, 2019.
Two consolidated appropriations measures (P.L. 115-244 and P.L. 115-245), containing a total of five regular appropriation bills for FY2019 (Energy and Water Development, Legislative Branch, and Military Construction and Veterans Affairs; Defense and Labor-HHS-Education), were enacted prior to the start of the fiscal year. Division C of P.L. 115-245 contained a CR that provided interim funding through December 7, 2018, for the agencies and activities covered by the remaining seven regular appropriations bills.
During the lame duck session, a second CR (P.L. 115-298) was enacted on December 7 to extend interim funding for the seven remaining bills through December 21. The House and Senate were unable to reach agreement on a third CR (H.R. 695), causing funding to lapse after December 21.
The funding lapse continued for 34 full days until January 25, 2019, when a third CR (P.L. 116-5) was enacted during the new Congress to provide interim funding through February 15, 2019. The seven remaining regular appropriations acts were enacted in a consolidated appropriations measure—the FY2019 Consolidated Appropriations Act, 2019 (P.L. 116-6)—on February 15, 2019.15
2020 Lame Duck Session
At the end of the 116th Congress, a lame duck session was held from November 9, 2020, to January 3, 2021.
None of the 12 regular appropriations acts was enacted prior to the beginning of FY2021. Consequently, Congress passed a CR covering all 12 bills on October 1 to provide interim funding through December 11 (P.L. 116-159). Congress then extended continuing appropriations for FY2021 four times during the lame duck session, enacting CRs on December 11 (P.L. 116- 215), December 18 (P.L. 116-225), December 20 (P.L. 116-226), and December 22 (P.L. 116- 246).
On December 21, during the lame duck session, the House and Senate passed the Consolidated Appropriations Act of 2021, which the President signed into law on December 27 (P.L. 116-260). Divisions A-L of the act provided funding for all 12 of the regular appropriations bills for FY2021.
15 For a more detailed discussion of this topic, see CRS Report R45906, Congressional Action on FY2019 Appropriations Measures: 115th and 116th Congresses.
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2022 Lame Duck Session
At the end of the 117th Congress, a lame duck session was held from November 14, 2022, to January 3, 2023.
None of the 12 regular appropriations acts for FY2023 was enacted prior to the start of the fiscal year. An initial CR (P.L. 117-180) was enacted on September 30, which provided interim funding for all 12 bills through December 16. This CR was extended through subsequent CRs on two occasions during the lame duck session. A second CR (P.L. 117-229) was enacted on December 16 to provide temporary funding through December 23, and a third CR (P.L. 117-264) was enacted on December 23 to provide temporary funding through December 30.
On December 22, during the lame duck session, the Senate passed H.R. 2617, the Consolidated Appropriations Act, 2023, which contained all 12 regular appropriations bills for FY2023. The House passed H.R. 2617 the following day, on December 23, and the President signed the measure into law (P.L. 117-328) on December 29.
Author Information
Drew C. Aherne Analyst on Congress and the Legislative Process
Acknowledgments
Prior versions of this report were written by Robert Keith, formerly a Specialist in American National Government at CRS; Jessica Tollestrup, Specialist in Social Policy; Megan Lynch, Specialist on Congress and the Legislative Process; and Kevin P. McNellis, formerly an Analyst on Congress and the Legislative Process. The listed author is available to respond to inquiries on the subject from congressional clients.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.