Continuing Resolution Case Study

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It is near the end of September and you are a relatively new judge advocate working as an Administrative Law attorney. The Deputy Staff Judge Advocate calls and states that he will need you to cover down on the Garrison Commander’s weekly command and staff meeting. At the start of the meeting, the Garrison Commander mentions that prior to leaving her office, she noticed on the news that Congress passed a continuing resolution after failing, yet again, to pass a regular appropriation for the new fiscal year. She adds that as partisanship seems to be at an all-time high in both Houses of Congress, there is uncertainty over how long it will be before a regular appropriation bill is passed for the Department of Defense (DoD).
During the command …show more content…

Yet these uncertainties should be expected and mitigated before they occur, as history seems to repeat itself, especially when it comes to continuing resolutions. Going back to 1952, the United States government has only started the new fiscal year four times without the need for at least one continuing resolution. In addition, between 1999 and 2013, continuing resolutions, once enacted, remained in place anywhere from “1 to 197 days.” Thus, if history shows us anything, the one certainty about continuing resolutions are that some, if not all, agencies within the government will be operating under one at the start of the fiscal …show more content…

This understanding will enable judge advocates to advise on what new projects and activities are restricted during a continuing resolution, thus enabling practitioners to navigate through this Fiscal Law. This paper will provide a background on funding the government and continuing resolutions; assist judge advocates in identifying new start prohibitions, analyzing new projects and activities, and finding exemptions to new start prohibitions; and identify ways to avoid delays in new projects and activities, such as the construction of the track or the repair of the dining

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