H.J.Res. 64: Making further continuing appropriations for fiscal year 2010, and for other purposes

H.J.Res. 64

Making further continuing appropriations for fiscal year 2010, and for other purposes

December 16, 2009 (111th Congress, 1st Session)

Staff Contact

Floor Situation

The House is scheduled to consider H.J. Res. 64, a bill to provide for continuing appropriations on Wednesday, December 16, 2009, under a same day rule making three other bills in order. The legislation was introduced on Tuesday, December 15, 2009, and no further official action was taken.

Bill Summary

H.J. Res. 64 would extend the current continuing resolution (CR) that was originally passed on October 29, 2009, by a vote of 247-178, from December 18, 2009 to December 23, 2009.  The CR extends funding for the government through December 23, 2009, at current FY 2009 levels, including all supplemental appropriation levels for defense in 2009, and includes provisions contained in the original CR.

Provision extended in the CR include:

ACORN:  The CR would prohibit funds from this or any prior law from being provided to Association of Community Organizations for Reform Now (ACORN) or its affiliates.  This provision would expire on December 23, 2009.

Fannie and Freddie Loan Limits:  The CR Extends temporary higher limits on the size of mortgages the Federal Housing Administration (FHA) may insure, which were increased from $625,500 to $730,000 in the "stimulus" bill.

Guantanamo Bay Detainees:  The CR contains a prohibition on funds from this or any previous Act from being used to release a detainee from the Guantanamo Bay detention facility into the U.S.  In addition, the provision prohibits funds from being used to transfer a detainee until at least two months after the President releases a plan including an analysis of the national security risk of transferring the detainee, the cost of not transferring the detainee, the legal rational for the transfer, a certification by the President that the transfer risks have been mitigated, and a certification that the President has contacted the Governor of the State where the detainee would be transferred.

Extensions:  The CR extends the authority to continue a number of programs that are set to expire, through the duration of the CR, as follows:

•  Extends Child Nutrition Programs under the Child Nutrition and WIC Reauthorization Act of 2004.

•  Extends retroactive stop-loss pay for military services members whose enlistments were involuntarily extended since September 11, 2001.

•  Extends the Commanders' Emergency Response Program for commanders to obtain funds for emergency situations.

•  Extends authority for the DoD to continue counterdrug activities and provide equipment for illegal drug monitoring.

•  Extends authority for the D.C. government to collect taxes.

•  Extends the E-verify program.

•  Extends the National Flood Insurance Program.

•  Extends the EB-5 visa program, Special Immigrant Status to Religious Workers Other than Ministers, and Preferential Treatment for Certain Religious Refugees.

•  Extends the Pre-Disaster Mitigation Grant Program.

•  Extends the U.S. Forest Service's authority to accept fees for certain botanical sales.

•  Extends the authority to issue grazing permits.

•  Extends the authority to provide funds for schooling in Puerto Rico.

•  Extends the authority to fund the Ryan White Care Act, which provides medical services to individuals with HIV/AIDS.

•  Extends the Republic of Palau's eligibility to participate in certain education programs.

•  Extends provisions from the FY 2009 Supplemental Appropriations Act (H.R. 2346) requiring Iraq to match certain U.S. assistance and permit funding for governments that participate in presidential-approved power sharing arrangements with Hamas.

•  Extends Overseas Comparability Pay Adjustments for those in the Foreign Service.

•  Extends authority to provide grants for Radio Free Asia.

•  Extends the United States Advisory Commission on Public Diplomacy.

•  Extends the authority of the Mutual Mortgage Insurance, the Government National Mortgage Association, FHA's Home Equity Conversion Mortgages, and the HOPE VI housing program.

•  Extends authority for the National Transportation Safety Board to pay its training facility lease.

•  Extends the FAA's authority to spend money from the Airport and Airway Trust Fund (AATF), and its authority to charge taxes.

•  Extends federal highway and surface transportation programs and authorizes the appropriation of funding from the Highway Trust Fund (HTF).



Congress has passed two other continuing resolutions to provide for funding for certain discretionary programs in FY 2010 at FY 2009 levels. To date, Congress has passed each FY 2010 appropriations bill except for Defense funding, which is scheduled to be considered today. H.J.Res. 64 would provide continued discretionary funding through December 23, 2009.


A CBO score for H.J. Res. 64 was not available as of press time. However, according to a previous CBO score, the legislation would appropriate $ 1.183 trillion in discretionary spending in FY 2010 if CR spending levels remained constant for the entire Fiscal Year.