Continuing Appropriations Act

Continuing Appropriations Act
Name	Continuing Appropriations Act
Short title	Continuing Appropriations Act
Long title	An Act making continuing appropriations for fiscal periods
Enacted by	United States Congress
Signed by	President of the United States
Date signed	various
Status	amended

Contents

Continuing Appropriations Act The Continuing Appropriations Act refers to a series of United States public law measures enacted to provide temporary funding when regular appropriations bills are not enacted by the start of a fiscal year or interim period. These measures interact with constitutional and statutory authorities vested in the United States Congress, the President of the United States, the United States Department of the Treasury, and appropriations committees such as the United States Senate Committee on Appropriations and the United States House Committee on Appropriations. Continuing appropriations have been used in episodes including standoffs involving the Republican Party (United States), the Democratic Party (United States), and presidential administrations such as the Trump administration and the Obama administration.

Background and Purpose

Continuing appropriations originate from the need to prevent a federal shutdown when regular annual appropriations like the Department of Defense Appropriations Act or the Labor, Health and Human Services Appropriations Act are delayed. They draw on precedents from the Antideficiency Act framework and interactions with rulings from the Supreme Court of the United States and opinions of the Office of Legal Counsel within the United States Department of Justice. Historically, such acts have been informed by budget processes tied to the Budget Act of 1974, the procedures of the Congressional Budget Office, and partisan negotiations involving figures like Mitch McConnell, Nancy Pelosi, John Boehner, and Harry Reid.

Continuing appropriations have been enacted in numerous Congress sessions and often accompany omnibus measures such as the Omnibus Consolidated Appropriations Act or are styled as temporary stopgap bills. Notable legislative episodes include impasses during the administrations of Bill Clinton, George W. Bush, Barack Obama, and Donald Trump. Passage typically requires coordination among congressional leadership—examples include negotiations involving Paul Ryan, Steny Hoyer, and budget negotiators from the House Budget Committee and the Senate Budget Committee. Key turns in the legislative history reference clashes over policy riders concerning agencies like the Department of Homeland Security and portfolios including the National Institutes of Health, the Federal Emergency Management Agency, and the Department of Veterans Affairs.

Continuing appropriations acts commonly set prorated funding formulas and contingent operational authorities affecting programs administered by the Internal Revenue Service, the Social Security Administration, the Department of Defense, and civilian agencies such as the Environmental Protection Agency and the National Aeronautics and Space Administration. They often adopt funding levels tied to previous fiscal year allocations, referencing statutes such as the Congressional Budget Act of 1974 and appropriation ceilings negotiated in budget resolutions advanced by leaders like Paul Ryan and Patty Murray. Provisions can include exceptions and carve-outs for programs under the Affordable Care Act, grants administered by the Department of Education, and operations of the Federal Bureau of Investigation and Central Intelligence Agency.

The operational impact of continuing appropriations affects federal contractors, grant recipients including institutions such as Harvard University and Johns Hopkins University, and state agencies coordinating with entities like the Federal Emergency Management Agency and the Department of Transportation. Implementation requires guidance from the Office of Management and Budget, coordination with agency general counsels, and enforcement under the Antideficiency Act. Political consequences have been visible in public debates involving leaders such as Barack Obama, Donald Trump, Joe Biden, Nancy Pelosi, and Mitch McConnell, and have intersected with events like federal shutdowns, economic indicators tracked by the Federal Reserve System and the United States Bureau of Labor Statistics.

Continuing appropriations have been the subject of litigation implicating constitutional doctrines adjudicated by the Supreme Court of the United States and appellate panels including the United States Court of Appeals for the D.C. Circuit. Lawsuits have challenged authority under the Appropriations Clause and have prompted opinions from the Office of Legal Counsel and briefs filed in cases involving agencies such as the Department of Health and Human Services and the Department of Defense. Cases often consider standing, relief such as injunctions, and statutory interpretation involving precedents like opinions from justices associated with decisions in matters of separation of powers.

High-profile continuing resolutions include stopgap measures that preceded major omnibus bills and shutdowns, such as actions taken in fiscal years with widely reported disputes involving the 2013 United States federal government shutdown and the 2018–2019 United States federal government shutdown. Amendments and riders have addressed policy disputes over funding for border security engaging the Department of Homeland Security, allocations to the National Institutes of Health, and provisions impacting agencies like the Environmental Protection Agency and the Federal Communications Commission. Major political figures involved in negotiating and signing these measures have included presidents like Barack Obama, Donald Trump, and Joe Biden and congressional leaders such as Nancy Pelosi, Mitch McConnell, Paul Ryan, and Chuck Schumer.

Category:United States federal appropriations law