Continuing resolution

Continuing resolution
Name	Continuing resolution
Othernames	CR
Caption	United States legislative document
Jurisdiction	United States federal funding

Contents

Continuing resolution is a temporary appropriations measure used by the United States Congress to keep federal operations funded when regular appropriations bills have not been enacted by the start of a fiscal year. It allows agencies and executive branch entities to continue activities at specified funding levels while lawmaking continues, and it has been employed across many administrations, including those of Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Joe Biden. The mechanism interacts with practices in both chambers, including procedures in the United States House of Representatives and the United States Senate, and it can affect federal programs administered by departments such as the Department of Defense, Department of Homeland Security, Department of Health and Human Services, and Department of Education.

Background and purpose

Continuing resolutions originate from the need to avoid funding gaps that would interrupt programs overseen by agencies like the Internal Revenue Service, Social Security Administration, Federal Bureau of Investigation, and National Aeronautics and Space Administration. The practice developed against a backdrop of constitutional provisions in the United States Constitution regarding appropriations and congressional powers, and procedural rules in the Congressional Budget Act of 1974 and subsequent statutes such as the Impoundment Control Act of 1974. Presidents from John F. Kennedy to Gerald Ford addressed budget timing, while congressional leaders including Sam Rayburn, Tip O'Neill, Newt Gingrich, and Nancy Pelosi shaped chamber approaches to funding stalemates. CRs purposefully reference extant appropriations statutes like the Act of June 30, 1932 and are used to maintain continuity for programs funded through annual bills such as those for the Department of Veterans Affairs, Environmental Protection Agency, and Department of Transportation.

A continuing resolution is introduced and processed under rules in the Rules of the House of Representatives and the Standing Rules of the Senate. Typical types include full-year CRs, short-term CRs, and CRs with programmatic or policy riders tied to laws such as the No Child Left Behind Act or the Affordable Care Act. The process often involves negotiations between the House Appropriations Committee, the Senate Appropriations Committee, and leadership offices like the House Majority Leader and the Senate Minority Leader. Variants include CRs that adopt funding at prior-year levels, those that implement pro rata calculations for accounts linked to statutes like the Social Security Act, and continuing appropriations that incorporate supplemental funds as with emergency measures for events like Hurricane Katrina or military operations related to the War in Afghanistan. The enactment requires presidential signature or override processes involving the United States Congress and the President of the United States.

Continuing resolutions have been frequent in periods of divided government such as during the presidencies of Jimmy Carter, Bill Clinton, and Barack Obama, and pivotal examples include the 1995–1996 shutdown episodes associated with Newt Gingrich and Bob Dole, and the 2013 shutdown linked to disputes over the Affordable Care Act. Other notable CRs addressed funding for the Iraq War under George W. Bush, emergency funding after Hurricane Maria under Donald Trump and Barack Obama, and multi-month CR arrangements during the 2018–2019 standoff involving Mitch McConnell and Nancy Pelosi. Instances of continuing appropriations have affected landmark programs administered by agencies such as the Centers for Disease Control and Prevention, the National Institutes of Health, and the Federal Emergency Management Agency.

Continuing resolutions influence fiscal planning for federal contractors like those working with Lockheed Martin, Boeing, and Northrop Grumman, and they affect grant cycles for entities such as Universities of California institutions, the Smithsonian Institution, and state agencies in places like California, Texas, and New York (state). CRs can compress spending decisions, alter procurement timelines at the Defense Logistics Agency, and affect macroeconomic projections used by the Congressional Budget Office and the Office of Management and Budget. High-profile budget fights have shaped electoral narratives for figures including Barack Obama, Hillary Clinton, Donald Trump, Joe Biden, Paul Ryan, and Chuck Schumer. Markets react to funding uncertainty with impacts noted by entities such as the Federal Reserve System, Goldman Sachs, and the U.S. Treasury Department.

Legal debates about CRs touch on appropriations doctrine adjudicated in courts like the United States Supreme Court and lower federal courts, with litigants including agencies such as the Environmental Protection Agency and litigators from the Department of Justice. Constitutional questions center on the Appropriations Clause and separation of powers principles advanced by scholars associated with institutions like Harvard University, Yale University, and Stanford University. Cases and opinions from legal figures like Antonin Scalia, Ruth Bader Ginsburg, and John Roberts have influenced interpretations of spending authority, while statutes such as the Antideficiency Act regulate obligations during lapses. Legal counsel from the Government Accountability Office and the Office of Legal Counsel has clarified permissible actions during CR periods.

Reform proposals have ranged from biennial budgeting advocated by advocates at Brookings Institution and American Enterprise Institute to automatic continuing resolutions suggested by analysts at Center on Budget and Policy Priorities and bipartisan commissions like the Simpson-Bowles Commission. Other ideas include line-item veto concepts debated during the Clinton administration, earmark reform championed by figures in the Republican Study Committee and Democratic caucuses, and statutory deadlines tied to rules in the Budget Control Act of 2011. Proposals also reference practices in other legislatures such as the United Kingdom Parliament and the European Parliament as comparative models for funding cycles. Policy debates involve stakeholders like National Governors Association, Association of State Budget Officers, and nongovernmental organizations including Heritage Foundation and Cato Institute.

Category:United States federal appropriation legislation