Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 5, 2021
The Firm
201-896-4100 info@sh-law.com
As the start of a new fiscal year quickly approaches, Congress will likely need to pass a continuing budget resolution to avoid a government shutdown. The often-used resolution will serve as a temporary stop-gap measure until lawmakers can pass the full FY2022 budget.
The day-to-day activities of federal agencies are typically funded via annual appropriations provided in one or more of the usual appropriations acts. If a new appropriations bill isn’t approved by the time the old one expires, a funding gap will often arise that triggers impacted agencies to reduce their operations (commonly referred to as a “government shutdown”).
Congress must enact appropriation bills by the start of the fiscal year, which begins on October 1. If it is unable to do so, lawmakers can use a continuing resolution as a temporary measure to fund government activities for a specified period of time. The goal is to avoid a partial government shutdown and provide more time for Congress to pass appropriations bills for the full year.
The duration of a continuing resolution will vary, with most lasting a few months. Its budgetary authority ends either upon enactment of the applicable regular appropriations bill or on an expiration date specified in the continuing resolution, whichever occurs first.
Continuing budget resolutions have been used frequently over the past two decades. In fact, the last time Congress enacted all 12 appropriations bills before the October 1 deadline was 1997. For fiscal years 1998 through 2021, Congress has enacted 124 continuing resolutions.
While often necessary to ensure the continuity of government operations, the growing reliance on continuing resolutions has come under fire. As highlighted by critics, failing to enact full-year funding can create uncertainty for government agencies and can distract lawmakers from other legislative priorities.
To date, none of the 12 appropriation bills for FY 2022 have been enacted. Accordingly, it seems very likely that a containing resolution will be needed.
“With the end of the fiscal year rapidly approaching, it’s clear that Congress will need to pass a short term continuing resolution to provide more time for the fiscal 2022 process to unfold,” Shalanda Young, the Office of Management and Budget’s acting director, said in a recent blog post. “The window provided by a short-term CR will allow movement toward bipartisan agreement on smart, full-year appropriations bills that reinvest in core priorities, meet the needs of American families, businesses and communities and lay a strong foundation for the future.” The need to pass a continuing resolution will add to Congress’ already full plate. Other measures on the agenda this fall include the $1.3 trillion infrastructure bill, a $3.5 trillion reconciliation bill, and the annual defense authorization bill. Of course, even with a continuing budget resolution, lawmakers will also need to eventually agree on funding for the full FY2022.
If you have any questions or if you would like to discuss the matter further, please contact me, Teddy Eynon, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!