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Thursday, March 31, 2011

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.

Since Congress and the President have not completed action on any of the 12 FY2011 regular appropriations acts, several FY2011 interim CRs have been enacted or are being considered to provide more time to resolve differences within Congress and between Congress and the President. In 2010, Congress enacted four FY2011 interim CRs that sequentially extended funding from October 1, 2010, through March 4, 2011 (P.L. 111-242, P.L. 111-290, P.L. 111-317, and P.L. 111-322). These acts maintained funding at generally FY2010 discretionary spending levels. The Congressional Budget Office (CBO) estimates the total annualized non-emergency discretionary spending level provided in these CRs at $1,087 billion, in budget authority (or BA). On March 2, 2011, President Barack H. Obama signed a fifth FY2011 interim CR, P.L. 112-4, which CBO estimates reduces the previous level by $4 billion, in BA. The act also extends funding through March 18, 2011. On March 15, 2011, the House adopted a sixth temporary CR, H.J.Res. 48 (112
th Congress), which would extend funding through April 8, 2011, and reduce the level provided in 2010 by an additional $6 billion, in BA.

On February 19, 2011, the House adopted a FY2011 full-year CR, H.R. 1 (112
th Congress); on March 9, 2011, the Senate rejected the measure.


Date of Report: March 16, 2011
Number of Pages: 20
Order Number: RL30343
Price: $29.95

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