H.J.Res. 105: Making further continuing appropriations for fiscal year 2011, and for other purposes

H.J.Res. 105

Making further continuing appropriations for fiscal year 2011, and for other purposes

December 17, 2010 (111th Congress, 2nd Session)

Staff Contact

Floor Situation

The House is scheduled to consider H.J. Res. 105 on Friday, December 17, 2010, under a closed rule.  The rule provides for one hour of debate and one motion to recommit the bill, with or without instructions.  H.J. Res. 105 was introduced on December 17, 2010, by Rep. David Obey (D-WI) and referred to the Committee on Appropriations, which took no official action.

Bill Summary

The Continuing Resolution (CR) would provide discretionary funding for government operations at FY 2010 levels for three days, through Tuesday, December 21, 2010. According to CBO, non-emergency discretionary funding in FY 2010 totaled $1.09 trillion.  The bill would maintain that annualized spending level through December 21, 2010.  Presently, government operations are being temporarily funded at FY 2010 levels under a CR which is set to expire on December 18, 2010.  The underlying legislation would provide continued funding for three days to prevent a government shut-down while the Senate completes consideration of a longer-term CR.

H.J. Res. 105 would also extend for a period of three days the authority of the government to carry out a number of programs which are also due to expire.  In addition, the legislation would retain a number of other provisions from FY 2010 appropriations bills, including all of the pro-life and values riders in effect in FY 2010.  For more information on the specific provisions extended and authorized through the CR, please see the Legislative Digest for September 29, 2010.


Last Spring, Democrat leaders in the House failed to pass a budget for the upcoming fiscal year for the first time since the passage of the Budget Act of 1974.  Instead of approving a federal budget for FY 2011, Democrats ”deemed” a $1.121 trillion budget enforcement resolution that was never passed in the House.  Similarly, the Democrat-led Congress failed to pass any of the 12 regular annual appropriations bills to provide discretionary funding for the federal government.  As a result of the Democrats’ failure to pass a budget or any appropriations bills, the federal government was funded after the end of the FY 2010 by a Continuing Resolution (CR) which was approved by a vote of 228–194 and expired on Friday, December 3, 2010.  Having again failed to take any action on spending legislation, Democrats passed another CR to extend funding and certain program authority at FY 2010 levels for an additional two weeks, through December 18, 2010.

On December 8, 2010, the House passed amendments to H.R. 3082, the Full-Year Continuing Appropriations Act of 2011.  The bill would have provided $1.089 trillion in discretionary funding for government operations through September 30, 2011.  The bill also adjusted spending levels for the 12 individual funding bills.  Though the bill passed the House by a vote of 212-206, the Senate announced that it would proceed with consideration of an omnibus spending bill rather than the full year CR for FY 2011.  The massive spending bill totaled 1,924 page, would have spent more than $1.1 trillion ($575 million per page) and included nearly 7,000 earmarks.  Facing public outcry, Democrats in the Senate pulled the omnibus spending bill and, according to reports, will replace the bill with a short-term CR to provide funding through February or March.  The underlying legislation would provide continued funding for three days to prevent a government shut-down while the Senate completes consideration of a two or three month CR.


The Continuing Resolution would extend discretionary funding at FY 2010 levels.  Spending under the CR would count against FY 2011 Appropriations Committee allocation levels.  According to CBO, budget authority for emergency and non-emergency discretionary appropriations totaled $1.09 trillion in FY 2010.

Additional Information

Some Members may be concerned that this legislation continues the unsustainable, high rates of spending passed by the Democrat majority for FY 2010.  This includes the higher baselines in many federal agency budgets that have been bolstered by unnecessary and ineffective “stimulus” dollars.  Rather than continue the same profligate spending, Republicans have pledged to return discretionary government spending to pre-stimulus, pre-bailout levels.  Returning discretionary spending to FY 2008 levels would save at least $100 billion in the first year alone and reduce deficits and debt by more than $900 billion in the next ten years.  Some Members may be concerned that the CR maintains untenably high discretionary spending levels that will destroy jobs and lead to a lower standard of living and less opportunity for future generations of Americans.