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Wednesday, December 15, 2010

Continuing Resolutions: Latest Action and Brief Overview of Recent Practices


Sandy Streeter
Analyst on Congress and the Legislative Process

Most routine operations of federal departments and agencies are funded each year through the enactment of 12 regular appropriations acts. Because these bills are annual, expiring at the end of the fiscal year (September 30), regular appropriations bills for the subsequent fiscal year must be enacted by October 1. Final action on most regular appropriations bills, however, is frequently delayed beyond the start of the fiscal year. When this occurs, the affected departments and agencies are generally funded under temporary continuing appropriations acts until the final funding decisions become law. Because continuing appropriations acts are generally enacted in the form of joint resolutions, such acts are referred to as continuing resolutions (or CRs).

CRs may be divided into two categories based on duration—those that provide interim (or temporary) funding and those that provide funds through the end of the fiscal year. Interim continuing resolutions provide funding until a specific date or until the enactment of the applicable regular appropriations acts, if earlier. Full-year continuing resolutions provide funding in lieu of one or more regular appropriations bills through the end of the fiscal year.

Over the past 35 years, the nature, scope, and duration of continuing resolutions gradually expanded. From the early 1970s through 1987, CRs gradually expanded from being used to provide interim funding measures of comparatively brief duration and length to measures providing funding through the end of the fiscal year. The full-year measures included, in some cases, the full text of one or more regular appropriations bills and contained substantive legislation (i.e., provisions under the jurisdiction of committees other than the House and Senate Appropriations Committees). Since 1988, continuing resolutions have primarily been interim funding measures, and included major legislation less frequently.

In certain years, delay in the enactment of regular appropriations measures and CRs has led to periods during which appropriations authority has lapsed. Such periods generally are referred to as funding gaps.

Congress did not enact the 12 FY2011 regular appropriations acts by the deadline; therefore, Congress completed and President Barack H. Obama signed the Continuing Appropriations Act, 2011, P.L. 111-242 (124 Stat. 2607), on September 30, 2010. This measure extends funding for the outstanding regular bills at generally FY2010 enacted spending levels. It also included a December 3, 2010, expiration date.

On December 2, 2010, Congress completed a second continuing resolution, since Congress and the President had not finished action on the FY2011 regular appropriations acts. The President signed it on December 4, 2010, P.L. 111-290 (124 Stat. 3063). This act extends funding provided in the initial CR for two weeks, through December 18, 2010.

On December 8, 2010, the House adopted a third CR, Full-Year Continuing Appropriations Act, 2011, covering all 12 FY2011 regular appropriations bills. This CR was adopted as a House amendment that replaced the text of H.R. 3082 (111
th Congress), which was originally passed by the House and Senate as a Military Construction and Veterans Affairs Appropriations Act, 2010. The final version of this act was included in the Consolidated Appropriations Act, 2010, P.L. 111- 117 (123 Stat. 3034).


Date of Report: December 10, 2010
Number of Pages: 18
Order Number: RL30343
Price: $29.95

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