Congressional Budget Actions in 2006

Congressional Budget Actions in 2006
Updated December 28, 2006
Bill Heniff Jr.
Analyst in American National Government
Government and Finance Division



Congressional Budget Actions in 2006
Summary
During the second session of the 109th Congress, the House and Senate will
consider many different budgetary measures. Most of them will pertain to fiscal year
(FY) 2007 and beyond, but some will make adjustments to the budget for FY2006.
As the session progresses, this report will describe House and Senate actions on
major budgetary legislation within the framework of the congressional budget
process and other procedural requirements.
Congress typically begins its annual budget process once the President submits
his budget for the upcoming fiscal year. On February 6, 2006, President George W.
Bush submitted his FY2007 budget to Congress. President Bush, subsequently, has
submitted five requests for supplemental appropriations for FY2006 and two budget
amendments to his budget request for FY2007.
The congressional budget process provides for an annual concurrent resolution
on the budget to serve as a framework for the consideration of budgetary legislation.
The budget resolution sets forth aggregate spending and revenue levels, and spending
levels by major functional area, for at least five fiscal years. Budget resolution
policies are implemented through the enactment of reconciliation bills, revenue and
debt-limit legislation, and appropriations and other spending measures. They are
enforced by points of order that may be raised when legislation is pending on the
House and Senate floor.
The Senate agreed to its version of the FY2007 budget resolution (S.Con.Res.

83) by a 51-49 vote on March 16; the House agreed to its version (H.Con.Res. 376)


by a 218-210 vote in the early morning of May 18. When Congress began its
Independence Day recess on June 29, the House and Senate had not resolved the
legislative differences between the two versions. In the absence of an agreement on
the FY2007 budget resolution, however, the House and Senate separately have
adopted so-called deeming resolution provisions for budget enforcement purposes.
When FY2007 began on October 1, the House had passed 10, and the Senate
had passed two, of the regular appropriations acts for FY2007. Two regular
appropriations acts for FY2007 have been signed into law: Department of Defense
Appropriations Act, 2007 (P.L. 109-289) and Department of Homeland Security
Appropriations Act, 2007 (P.L. 109-295). Congress and the President enacted a
continuing appropriations resolution (Div. B of P.L. 109-289) to provide temporary
appropriations through November 17, 2006, for agencies and programs funded in the
remaining regular appropriations acts not yet enacted. They extended this funding
twice: first through December 8, 2006 (P.L. 109-369), and then through February 15,

2007 (P.L. 109-383).


This report will be updated as actions occur during the session.



Contents
Most Recent Developments..........................................1
In troduction ......................................................1
Overview of the Congressional Budget Process..........................2
The President’s Budget.........................................2
The Budget Resolution: Implementation and Enforcement.............3
Expired Budget Enforcement Procedures...........................4
Budget Resolution.................................................7
Committee Markup and Reporting................................9
Floor Consideration............................................9
Reconciliation Legislation..........................................11
Reconciliation Provided by the FY2006 Budget Resolution............13
Revenue and Debt-Limit Legislation..................................15
Revenue Legislation...........................................15
Debt-Limit Legislation.........................................16
Appropriations and Other Spending Legislation.........................18
Discretionary Spending........................................19
Supplemental Appropriations for FY2006......................20
Appropriations for FY2007.................................21
Mandatory Spending..........................................21
Chronology ......................................................23
For Additional Reading............................................24
Congressional Hearings, Reports, and Documents...................24
CRS Products................................................24
List of Figures
Figure 1. Actual FY2005 Revenues by Source..........................15
Figure 2. Actual FY2005 Outlays by Major Spending Category............18
List of Tables
Table 1. The Congressional Budget Process Timetable....................3
Table 2. Mapping Spending and Revenue Legislation through the
Congressional Budget Process....................................6
Table 3. Budget Baselines, FY2006-FY2011............................8



Congressional Budget Actions in 2006
Most Recent Developments
When FY2007 began on October 1, the House had passed 10, and the Senate
had passed two, of the regular appropriations acts for FY2007. Two regular
appropriations acts for FY2007 have been signed into law: the Department of
Defense Appropriations Act, 2007 (P.L. 109-289) and the Department of Homeland
Security Appropriations Act, 2007 (P.L. 109-295). Congress and the President
enacted a continuing appropriations resolution (Div. B of P.L. 109-289) to provide
temporary appropriations through November 17, 2006, for agencies and programs
funded in the remaining regular appropriations acts not yet enacted. They extended
this funding twice: first through December 8, 2006 (P.L. 109-369), and then through
February 15, 2007 (P.L. 109-383).
Introduction
During the second session of the 109th Congress, the House and Senate will
consider many different budgetary measures. Most of them will pertain to FY2007
(referred to as the “budget year”) and beyond. In addition, some will make
adjustments to the budget for FY2006 (referred to as the “current year”). As the
congressional session progresses, this report will describe House and Senate action
on major budgetary legislation within the framework of the congressional budget
process and other procedural requirements.1
Within this procedural framework, Congress will consider various budget-
related legislation in the context of what is arguably an unfavorable budget outlook.
According to the Office of Management and Budget (OMB) and the Congressional
Budget Office (CBO), current budget projections under existing law, without any
legislative changes, show annual deficits in the unified budget (i.e., including federal
funds and trust funds) in each of the next several fiscal years. For example, OMB
projects that the FY2006 unified budget deficit will be $367 billion, with deficits
continuing, but declining, through FY2011. Similarly, CBO projects that the FY2006
unified budget deficit will be $337 billion, with a surplus not returning until
FY2012.2


1 For information on budget actions during the first session of the 109th Congress, see CRS
Report RL32791, Congressional Budget Actions in 2005, by Bill Heniff Jr.
2 For further information on the current budget deficit projections, see Office of
Management and Budget, Budget of the U.S. Government, Fiscal Year 2007 (Washington:
GPO, 2006), Table S-12, p. 333; Congressional Budget Office, The Budget and Economic
(continued...)

Overview of the Congressional Budget Process
The congressional budget process consists of the consideration and adoption of
spending, revenue, and debt-limit legislation within the framework of an annual
concurrent resolution on the budget.
The President’s Budget
Congress begins its budget process once the President submits his budget. The
President is required by law to submit a comprehensive federal budget no later than
the first Monday in February (31 U.S.C. 1105). The President’s budget includes
estimates of direct spending and revenues under existing laws (with certain
adjustments), as well as estimates of any proposed legislative changes affecting direct
spending and revenues. In addition, the President’s budget contains requests, in
specific dollar amounts, for discretionary spending (i.e., funds controlled through the
appropriations process) for the upcoming fiscal year. Although Congress is not
bound by the President’s budget, congressional action on spending and revenue
legislation often is influenced by his recommendations, as well as subsequent
budgetary activities by the President during the year. OMB assists the President in
formulating and coordinating his budget policies and activities.
On February 6, 2006, President Bush submitted his FY2007 budget to Congress.
As is the usual practice, the President’s budget was submitted as a multi-volume set
consisting of a main document that includes the President’s budget message and
information on his 2007 proposals (Budget) and supplementary documents that
provide special budgetary analyses (Analytical Perspectives), historical budget
information (Historical Tables), and detailed account and program level information
(Appendix), among other things.3 In addition, on February 9, OMB made available
a supplementary document, Major Savings and Reforms in the President’s 2007
Budget, outlining program terminations and reductions proposed in the President’s
FY2007 budget.
The President may revise his budget request any time during the year. Revisions
requested before Congress has acted on the initial request are submitted as budget
amendments. In addition, the President also may request supplemental appropriations
for the current fiscal year for unanticipated needs. Since President Bush submitted
his FY2007 budget, he has submitted four budget amendments to his FY2007 budget


2 (...continued)
Outlook: Fiscal Years 2007-2016 (Washington: CBO, 2006), Summary Table 1, p. xiv; and
CRS Report RL33282, The Budget for Fiscal Year 2007, by Philip D. Winters.
3 The President’s FY2007 budget documents are available at [http://www.gpoaccess.gov/
usbudget/fy07/browse.html]. For further information on accessing these documents, see
CRS Report RS22390, FY2007 Budget Documents: Internet Access and GPO Availability,
by Jennifer Anne Teefy.

request and four requests for supplemental appropriations for the current year,
FY2006 (an additional request was withdrawn before Congress acted on it).4
By July 15 of each year, the President is required to submit an update of his
budget, commonly referred to as the mid-session review.5 The report contains
revised estimates of the budget deficit/surplus, receipts, outlays, and budget authority,
reflecting changed economic conditions and assumptions and congressional actions.
The Budget Resolution: Implementation and Enforcement
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 88 Stat. 297-
332) established the congressional budget process, including a timetable for
congressional action on budgetary legislation (see Table 1). The congressional
budget process provides for an annual concurrent resolution on the budget to serve
as a framework for the consideration of budgetary legislation. The budget resolution
sets forth aggregate spending and revenue levels, and spending levels by major
functional area, for at least five fiscal years. As a concurrent resolution, the budget
resolution is not presented to the President for his signature, and thus does not
become law. Instead, it is an agreement between the House and Senate on a
congressional budget plan, providing a framework for subsequent legislative action
on the budget during each congressional session.
Table 1. The Congressional Budget Process Timetable
DateAction
First Monday in FebruaryPresident submits budget to Congress.
February 15Congressional Budget Office submits economic and
budget outlook report to Budget Committees.
Six weeks after PresidentCommittees submit views and estimates to Budget
submits budgetCommittees.
April 1Senate Budget Committee reports budget resolution.
April 15Congress completes action on budget resolution.
May 15Annual appropriations bills may be considered in the
House, even if action on budget resolution has not been
completed.
June 10House Appropriations Committee reports last annual
appropriations bill.
June 15House completes action on reconciliation legislation (if
required by budget resolution).
June 30House completes action on annual appropriations bills.


4 These requests are available at [http://www.gpoaccess.gov/usbudget/fy07/amndsup.html].
5 For background information on the mid-session review, see CRS Report RL32509, The
Mid-Session Review of the President’s Budget: Timing Issues, by Robert Keith.

DateAction
July 15President submits mid-session review of his budget to
Congress.
October 1Fiscal year begins.
Source: Section 300 of the Congressional Budget Act of 1974, as amended (P.L. 93-344, 2 U.S.C.
631).
Budget resolution policies are implemented through the enactment of revenue
and debt-limit legislation, appropriations and other spending measures, and, if
required by the budget resolution, one or more reconciliation bills (see Table 2).
Congress enforces budget resolution policies through points of order on the floor of
each chamber and the reconciliation process. For example, any legislation that would
cause the aggregate levels to be violated is prohibited from being considered.
Further, the total budget authority and outlays set forth in the budget resolution are
allocated among the House and Senate committees having jurisdiction over specific
spending legislation. Any legislation, or amendment, that would cause these
committee allocations to be exceeded is prohibited. Finally, the House and Senate
Appropriations Committees subdivide their allocations among their respective
subcommittees. A point of order may be raised against any appropriations measure,
or amendment, that would cause one of these subdivisions to be exceeded.6 The
budget resolution also contains spending levels by functional categories (e.g.,
national defense), but these are not enforceable. Congress also may use reconciliation
legislation (discussed further below) to enforce the direct spending, revenue, and
debt-limit provisions of a budget resolution.
In addition, the Senate is constrained by limits on discretionary spending and a
“pay-as-you-go” (PAYGO) requirement for direct spending and revenue legislation,
which are enforced through points of order while legislation is being considered on
the Senate floor (both explained further below). The House does not provide for
similar points of order.
Expired Budget Enforcement Procedures
For FY1991 through FY2002, Congress and the President also were constrained
by statutory limits on discretionary spending and a statutory PAYGO requirement for7
direct spending and revenue legislation. Unlike the enforcement procedures
associated with the budget resolution, which are employed while legislation is
considered on the floor of each chamber, the discretionary spending limits and
PAYGO requirement were enforced by a sequestration process, generally after
legislative action for a session of Congress ended. If either of these budget
constraints were violated, then the President was required to order a sequestration,
which involved largely across-the-board spending cuts in non-exempt programs, by


6 For more detailed information on these points of order and their application, see CRS
Report 97-865, Points of Order in the Congressional Budget Process, by James V. Saturno.
7 These constraints were first established by the Budget Enforcement Act of 1990 (Title XIII
of P.L. 101-508, Omnibus Budget Reconciliation Act of 1990, 104 Stat. 1388-573-1388-
630), which amended the Balanced Budget and Emergency Deficit Control Act of 1985
(Title II of P.L. 99-177, 99 Stat. 1038-1101).

the amount of any violation. These budget enforcement mechanisms, however,
expired at the end of FY2002 (i.e., September 30, 2002).
President Bush, among others, has proposed setting new discretionary spending
limits and restoring a modified version of the PAYGO requirement, in addition to
several other budget process reforms.8 If Congress passes and President Bush enacts
budget enforcement procedures such as these applicable to budget legislation in

2006, this report will incorporate them accordingly.


8 In his FY2007 budget, President Bush proposed to set discretionary spending limits for
FY2007 through FY2011 and to restore the PAYGO requirement for direct spending
legislation only, among other budget reform initiatives. See Office of Management and
Budget, Analytical Perspectives, Budget of the U.S. Government, Fiscal Year 2007, pp. 211-

217. For a contextual discussion of budget process reform, see CRS Report RS21752,


Federal Budget Process Reform: A Brief Overview, by Bill Heniff Jr. and Robert Keith.

CRS-6
Table 2. Mapping Spending and Revenue Legislation through the Congressional Budget Process
e annual budget resolution functions as the centerpiece of the congressional budget process by setting forth aggregate spending and revenue levels for at least five fiscal years. Budget resolution policies are implemented
ough the enactment of appropriations and other spending measures, revenue legislation, and, if required by the budget resolution, one or more reconciliation bills. Each of these types of measures follows a separate process
ust comply with the budget policies set forth in the budget resolution.
Discretionary spending policies in the budget resolution are implemented through the appropriations process.
l Appropriations Process: Congress considers and adopts each year regular appropriations acts providing budgetary authority for the upcoming fiscal year.
l Appropriations Committeedivides its spendingEach of theappropriationsFull AppropriationsCommittee reports eachFull chamberconsiders andHouse and Senateresolve differencesHouse and Senateseparately agree toPresident signs eachappropriations act, or
cation [302(a) allocation]ong its subcommitteessubcommitteesholds hearings andappropriations act, whichmust not exceed theadopts eachappropriations act.in conferencecommittees.conference report toeach appropriationsan omnibusappropriations act,
b) allocations].drafts a regularappropriations act.respective 302(b) allocation.act. From time totime, Congressinto law.
merges two or moreregular
appropriations actsinto an omnibus
iki/CRS-RL33291appropriations act.
g/w
s.orMandatory spending, revenue, and debt-limit policies in the budget resolution are implemented through the regular legislative process or the reconciliation process.
leakgular legislative process: Congress may consider and adopt individual mandatory spending, revenue, or debt-limit legislation.
://wiki legislativemittee may holdEach committee may report to itsparent chamber mandatory spending orFull chamber considersindividual mandatoryHouse and Senate resolvedifferences in conferenceHouse and Senate separatelyagree to conference reportsPresident signs individualmandatory spending or
httpings and considerlation referred to it orrevenue legislation, which must not (1)cause direct spending under thespending or revenuelegislation.committees.to individual mandatoryspending or revenuerevenue legislation intolaw.
ft original legislation.committee’s jurisdiction to exceed itsspending ceiling [302(a) allocation];legislation.
(2) cause revenues to fall below therevenue floor set forth in the budget
resolution; or (3) violate the SenatesPAYGO requirement.
ciliation Process: Congress may include in the budget resolution reconciliation instructions directing one or more committees to recommend legislative changes to existing law in order to bring mandatory spending,
enues, the debt-limit, or a combination of these, into compliance with the budget resolution policies.
legislative committee directed to do somends legislative changes to existingBudget Committee packages thecommittees’ legislativeFull chamber considersany omnibusHouse and Senateresolve differences inHouse and Senateseparately agree toPresident signsomnibus
o achieve the mandatory spending ornue levels set forth in the budgetrecommendations into one or moreomnibus reconciliation measures,reconciliation measureunder special proceduresconference committee.conference report toomnibus reconciliationreconciliationlegislation into law.


olution and submits these reconciliationmendations to the Budget Committeewithout any substantive revision.that limit the measure’scontents and floor debate.legislation.
e certain.

Budget Resolution
The Congressional Budget Act, as amended, establishes the concurrent9
resolution on the budget as the centerpiece of the congressional budget process. The
budget resolution sets forth aggregate spending and revenue levels, and spending
levels by major functional area, for at least five fiscal years. Once adopted, it
provides the framework for subsequent action on budget-related legislation.
Following the submission of the President’s budget early in the year, Congress
begins formulating the budget resolution. The House and Senate Budget Committees
are responsible for developing and reporting the budget resolution. In formulating
the resolution, the Budget Committees hold hearings and receive testimony from
various Members of Congress and representatives of federal departments and
agencies, the general public, and national organizations. Two regular hearings
include separate testimony from the CBO director and the OMB director. On
February 2, 2006, CBO Acting Director Donald Marron presented CBO’s baseline
budget projections for FY2007-FY2016 during testimony to the Senate Budget10
Committee. On February 7 and 8, OMB Director Joshua B. Bolten provided an
overview of President Bush’s budget request before the Senate and House Budget11
Committees, respectively.
The congressional budget resolution, like the President’s budget, is based on
budget baselines (see Table 3). The budget baseline is a projection of federal
revenue, spending, and deficit or surplus levels based upon current policies, assuming
certain economic conditions. Baseline projections provide a benchmark for
measuring the budgetary effects of proposed policy changes. The President’s budget
baseline, referred to as current services estimates, is included in the budget
documents submitted to Congress.12 The President’s baseline usually differs from
CBO’s baseline, referred to as baseline budget projections, because of different
economic and technical assumptions. CBO released its annual report on budget
baseline projections, The Budget and Economic Outlook: Fiscal Years 2007-2016,
on January 26, 2006.13 Subsequently, on March 14, CBO released its revised budget
baseline projections in its report An Analysis of the President’s Budgetary Proposals


9 For historical information on budget resolutions, see CRS Report RL30297, Congressional
Budget Resolutions: Selected Statistics and Information Guide, by Bill Heniff Jr. and Justin
Murray.
10 Donald Marron’s written testimony to the Senate Budget Committee is available at
[ h t t p : / / www.cbo.gov/ f t pdocs/ 70xx/ doc7034/ 02-02-Out l ookT e st i mony.pdf ] .
11 Joshua Bolten’s written testimony to the Senate Budget Committee is available at
[ h t t p : / / www.s e na t e . g o v / ~ budget/republican/hearingarchive/testimonies/2006/2006-02-07
Bolten.pdf]; his written testimony to the House Budget Committee is available at
[http://www.house.gov/ budget/hearings /boltenstmnt020806.pdf].
12 See the summary table S-12 in the main Budget volume, p. 333, and chapter 25 of the
Analytical Perspectives volume, pp. 359-374, for the current services estimates. Office of
Management and Budget, Budget of the U.S. Government, Fiscal Year 2007.
13 The report is available on the website of the Congressional Budget Office at
[ h t t p : / / www.cbo.gov/ f t pdocs/ 70xx/ doc7027/ 01-26-Budget Out l ook.pdf ] .

for Fiscal Year 2007. The report also contains estimates of the President’s proposals
using CBO’s economic and technical assumptions, and it provides an analysis of the
potential macroeconomic effects of the President’s budgetary proposals.
Table 3. Budget Baselines, FY2006-FY2011
(in billions of dollars)
To t a l
FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2007-
FY2011
Congressional Budget Office — March 2006
[budget baseline projections]
Revenues 2 ,313 2,461 2,598 2,743 2,883 3,139 13,825
Outlays 2,648 2,726 2,849 2,968 3,099 3,256 14,898
Surplus/Deficit (-)-336-265-250-224-216-117-1,072
On-b ud get -516 -460 -466 -456 -465 -382 -2 ,228
O ff-b ud ge t a 180 195 215 232 249 265 1,156
Office of Management and Budget — February 2006
[current services estimates]
Revenues 2 ,154 2,301 2,444 2,597 2,729 3,064 13,135
Outlays 2,669 2,701 2,798 2,925 3,050 3,210 14,684
Surplus/Deficit (-)-367-257-201-196-149-146-949
On-b ud get -549 -449 -416 -428 -402 -420 -2 ,115
O ff-b ud ge t a 182 192 216 233 252 274 1,167
Sources: Congressional Budget Office, An Analysis of the President’s Budgetary Proposals for Fiscal Year
2007, Mar. 2006, p. 46; Office of Management and Budget, Budget of the United States Government, Fiscal Year
2007 (Washington: GPO, 2006), p. 333.
Note: Details may not add to totals due to rounding.
a. Off-budget surpluses comprise surpluses in the Social Security trust funds as well as the net cash flow of the
Postal Service.
Another source of input comes from the “views and estimates” of congressional
committees with jurisdiction over spending and revenues. Within six weeks after the
President’s budget submission, or by a date set by the Budget Committees, each
House and Senate committee is required to submit views and estimates of budget
matters under its jurisdiction to its respective Budget Committee. These views and
estimates, frequently submitted in the form of a letter to the chair and ranking
minority Member of the Budget Committee, typically include comments on the
President’s budget proposals and estimates of the budgetary impact of any legislation
likely to be considered during the current session of Congress. The Budget
Committees are not bound by these recommendations. The views and estimates
often are printed in the committee report accompanying the budget resolution in the
Senate and compiled as a separate committee print in the House.
The budget resolution was designed to provide a framework for making budget
decisions, leaving specific program determinations to House and Senate



Appropriations Committees and other committees with spending and revenue
jurisdiction. In many instances, however, particular program changes are considered
when the budget resolution is formulated. Program assumptions sometimes are
referred to in the reports of the House and Senate Budget Committees and usually are
discussed during floor action. Although these program changes are not binding,
committees may be strongly influenced by the recommendations when formulating
appropriations bills, reconciliation measures, or other budgetary legislation.
Committee Markup and Reporting
On March 9, the Senate Budget Committee marked up and voted to report the
Senate version of the FY2007 budget resolution (S.Con.Res. 83, S.Prt. 109-57) by
a vote of 11-10. During markup, the committee considered 20 amendments to the
chairman’s mark: three amendments were adopted, 15 amendments were rejected,
and two amendments were withdrawn.14
The House Budget Committee, on March 31, marked up and voted to report the
House version of the FY2007 budget resolution (H.Con.Res. 376, H.Rept. 109-402)
by a vote of 22-17. During markup, the committee considered 23 amendments to the
chairman’s mark: three amendments were adopted, 18 amendments were rejected,
and two amendments were withdrawn.15
Floor Consideration
The congressional budget process timetable sets April 15 as a target date for16
final adoption of the budget resolution. The Budget Act prohibits the consideration
of spending, revenue, or debt-limit legislation for the upcoming year until the budget
resolution has been adopted, unless the rule is waived or set aside. The House and


14 For a description of the amendments and the roll call votes, see U.S. Congress, Senate
Committee on the Budget, Concurrent Resolution on the Budget FY2007, committee printthnd
to accompany S.Con.Res. 83, 109 Cong., 2 sess., S.Prt. 109-57, Mar. 2006 (Washington:
GPO, 2006), pp. 47-54.
15 For a description of the amendments and the roll call votes, see U.S. Congress, House
Committee on the Budget, Concurrent Resolution on the Budget — Fiscal Year 2007,thnd
committee report to accompany H.Con.Res. 376, 109 Cong., 2 sess., H.Rept. 109-402,
Mar. 31, 2006 (Washington: GPO, 2006), pp. 97-120.
16 In years when Congress is late in adopting, or does not adopt, a budget resolution, the
House and Senate independently may adopt “deeming resolution” provisions for the purpose
of enforcing certain budget levels. Deeming resolution provisions, typically included in a
simple resolution, specify certain budget levels normally contained in the budget resolution,
including aggregate spending and revenue levels, spending allocations to House and Senate
committees, spending allocations to the Appropriations Committees only, or a combination
of these. In some cases, an entire budget resolution, earlier adopted by one chamber, may
be deemed to have been passed. Under a deeming resolution, the enforcement procedures
related to the Congressional Budget Act, discussed later in this report, have the same force
and effect as if Congress had adopted a budget resolution. For further information on
“deeming resolutions,” see CRS Report RL31443, The “Deeming Resolution”: A Budget
Enforcement Tool, by Robert Keith.

Senate consider the budget resolution under procedures generally intended to
expedite final action.
The Senate considers the budget resolution under the procedures set forth in the
Budget Act, sometimes as modified by a unanimous consent agreement. Debate on
the initial consideration of the budget resolution, and all amendments, debatable
motions, and appeals, is limited to 50 hours. Amendments, motions, and appeals
may be considered beyond this time limit, but without debate. (Consideration of the
conference report is limited to 10 hours.) The Senate considered its version of the
FY2007 budget resolution on March 13, 14, 15, and 16. During consideration of
S.Con.Res. 83, the Senate considered 87 amendments: 54 amendments were adopted,

27 amendments were rejected, and six amendments was withdrawn. On March 16,


the Senate agreed to S.Con.Res. 83, as amended, by a 51-49 vote.17
In the House, the budget resolution usually is considered under a special rule,
limiting the time of debate and allowing only a few amendments, as substitutes to the
entire resolution. On April 6, the House began general debate on H.Con.Res. 376
under a special rule (H.Res. 766, H.Rept. 109-405) reported by the House Rules
Committee (HRC).18 After general debate, the House took no further action on the
budget resolution, leaving it as unfinished business.19 Subsequently, on May 17 and

18, the House considered H.Con.Res. 376 under a structured rule (H.Res. 817,


H.Rept. 109-468) reported by the House Rules Committee. The special rule provided
for the further consideration of H.Con.Res. 376, that three amendments printed in the
HRC report be considered as adopted, and made in order three amendments in the
nature of a substitute, also printed in the HRC report. The House agreed to H.Res.
817 by a vote of 226-193 after agreeing to order the previous question by a vote of
224-193. During consideration of the FY2007 budget resolution, the House rejected
the three amendments made in order by the special rule. The House subsequently
agreed to H.Con.Res. 376 by a vote of 218-210.20
The House and Senate have yet to resolve the legislative differences between
their versions of the FY2007 budget resolution. In the absence of an agreement on
the FY2007 budget resolution, the House and Senate separately have adopted so-
called deeming resolution provisions for budget enforcement purposes.21 The House


17 For the consideration and adoption of the Senate version of the FY2007 budget resolution,
see Congressional Record, daily edition, vol. 152 (Mar. 13-16, 2006), pp. S1987-S2019,
S2054-S2116, S2146-S2184, S2225-S2236, S2241-S2293.
18 The House agreed to H.Res. 766 by a vote of 225-196 after agreeing to order the previous
question by a vote of 226-199. For the consideration and adoption of H.Res. 766, see
Congressional Record, daily edition, vol. 152 (Apr. 6, 2006), pp. H1568-H1578.
19 For the general debate on H.Con.Res. 376, see Congressional Record, daily edition, vol.

152 (Apr. 6, 2006), pp. H1578-H1609.


20 For the consideration and adoption of H.Res. 817 and H.Con.Res. 376, see Congressional
Record, daily edition, vol. 152 (May 17, 2005), pp. H2691, H2701-2702, H2709-H2753.
21 In years Congress is late in adopting, or does not adopt, a budget resolution, the House and
Senate independently may adopt a “deeming resolution” for the purpose of enforcing certain
(continued...)

included a provision in the special rule (Section 2 of H.Res. 818) governing the
consideration of the FY2007 Interior Appropriations bill (H.R. 5386) “deeming” the
House-passed FY2007 budget resolution (H.Con.Res. 376) to have been agreed to
by Congress.22 As a result, the provisions of the House-passed budget resolution and
its accompanying report (H.Rept. 109-402), such as the committee spending
allocations [the 302(a)s] and the subsequent Appropriations Committee subdivisions
[the 302(b)s], may be enforced in the House under the procedures of the Budget Act.
The Senate included a provision (Section 7035) in the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery,
2006 (H.R. 4939, H.Rept. 109-494), setting forth the FY2007 spending allocations
for the Senate Appropriations Committee. President Bush signed the act into law
(P.L. 109-234) on June 15, 2006. Section 7035 of the act established a new limit of
$872.8 billion in budget authority, subject to certain adjustments and exemptions, for
the FY2007 regular appropriations acts (the same amount provided for in the House-
passed version of the FY2007 budget resolution).23 Under the provisions of this
section, these limits and any subsequent subdivisions [302(b)s] reported by the
Senate Appropriations Committee may be enforced in the Senate under the
procedures of the Congressional Budget Act. However, until a FY2007 budget
resolution has been agreed to by the House and Senate or other separate provisions
are agreed to by the Senate, Senate committees other than the Appropriations
Committee will be limited by the spending allocations [302(a)s] associated with the
FY2006 budget resolution (H.Con.Res. 95, H.Rept. 109-62).
Reconciliation Legislation
Congress may implement changes to existing law related to direct spending,
revenues, or the debt limit through the reconciliation process, under Section 310 of


21 (...continued)
budget levels. A deeming resolution, typically in the form of a simple resolution, specifies
certain budget levels normally contained in the budget resolution, including aggregate
spending and revenue levels, spending allocations to House and Senate committees,
spending allocations to the Appropriations Committees only, or a combination of these. In
some cases, an entire budget resolution, earlier adopted by one chamber, may be deemed to
have been passed. Under a deeming resolution, the enforcement procedures related to the
Congressional Budget Act, discussed later in this report, have the same force and effect as
if Congress had adopted a budget resolution. For further information on “deeming
resolutions,” see CRS Report RL31443, The “Deeming Resolution”: A Budget Enforcement
Tool, by Robert Keith.
22 The House agreed to H.Res. 818 by a vote of 218-191 after agreeing to order the previous
question by a vote of 218-192. For the consideration and adoption of H.Res. 818, see
Congressional Record, daily edition, vol. 152 (May 18, 2006), pp. H2765-H2773.
23 The section also repealed the FY2007 and FY2008 discretionary spending limits
contained in the FY2006 budget resolution (Section 404 of H.Con.Res. 95), as well as the
super-majority vote requirement (60 votes, if there are no vacancies) to waive Section 303
of the Budget Act, which prohibits the consideration of budget-related legislation for a fiscal
year in which a budget resolution has not been agreed to by Congress.

the Budget Act.24 The reconciliation process has two stages. First, Congress includes
reconciliation directives in a budget resolution directing one or more committees in
each chamber to recommend changes in statute to achieve the levels of direct
spending, revenues, debt limit, or a combination thereof, agreed to in the budget
resolution.
Second, each instructed committee develops legislative recommendations to
meet its reconciliation directives and reports its legislative recommendations to its
respective chamber directly or transmits such recommendations to its respective
budget committee. Section 310(b) of the Congressional Budget Act of 1974 (Titles
I-IX of P.L. 93-344, 88 Stat. 297-332) specifies two options for the submission of
legislative recommendations to comply with reconciliation directives: (1) if one
committee is instructed, the committee reports its legislative recommendations to its
parent chamber directly; or (2) if two or more committees are instructed, the
committees submit their legislative recommendations to their respective Budget
Committee. In the latter case, the legislative language recommended by committees
is packaged “without any substantive revision” into one or more budget
reconciliation bills, as set forth in the budget resolution, by the House and Senate
Budget Committees.
Once the reconciliation legislation is reported in the House or Senate,
consideration is governed by special procedures. These procedures serve to limit
what may be included in reconciliation legislation, prohibit certain amendments, and
encourage its completion in a timely fashion. In the House, as with the budget
resolution, reconciliation legislation usually is considered under a special rule,
establishing the time allotted for debate and what amendments will be in order. In
the Senate, debate on a budget reconciliation bill, and on all amendments, debatable
motions, and appeals, is limited to not more than 20 hours. After the 20 hours of
debate has been reached, consideration of amendments, motions, and appeals may
continue, but without debate.
In both chambers, the Budget Act requires that amendments to reconciliation
legislation be germane and not increase the deficit. Also, the Budget Act prohibits
the consideration of reconciliation legislation, or any amendment to a reconciliation
bill, recommending changes to the Social Security program. Finally, in the Senate,
Section 313 of the Budget Act, commonly referred to as the Byrd rule, prohibits
extraneous matter in a reconciliation bill.25


24 For a full discussion of the reconciliation process, see CRS Report RL33030, The Budget
Reconciliation Process: House and Senate Procedures, by Robert Keith and Bill Heniff Jr.
25 For detailed information on the Byrd rule, see CRS Report RL30862, The Budget
Reconciliation Process: The Senate’s “Byrd Rule,” by Robert Keith.

Reconciliation Provided by the FY2006 Budget Resolution
As 2006 began, Congress had not completed action on the reconciliation
measures provided for in the FY2006 budget resolution (H.Con.Res. 95, H.Rept.
109-62), which was agreed to by Congress in 2005. The FY2006 budget resolution
provided for three reconciliation measures: (1) to cut direct (or mandatory) spending
by about $35 billion; (2) to cut taxes by $70 billion; and (3) to increase the statutory
debt limit by $781 billion. (For an extensive discussion of these reconciliation
measures, see CRS Report RL33132, Budget Reconciliation Legislation in

2005-2006 Under the FY2006 Budget Resolution, by Robert Keith.)


At the end of 2005, the House agreed to the conference report on the spending
reconciliation measure (S. 1932, the Deficit Reduction Act of 2005).26 In the Senate,
however, the conference report failed when a point of order under the Byrd rule
(Section 313 of the Budget Act) against three provisions in the conference report was
sustained. Subsequently, the Senate agreed to a motion to concur in the House
amendment to S. 1932 with a further amendment containing the text of the
conference report with the violating provisions stricken.27 The House did not act on
the further amendment to S. 1932 before adjourning the first session of the 109th
Congress sine die.
Accordingly, at the beginning of the second session of the 109th Congress, on
February 1, the House completed action on the spending reconciliation measure, S.

1932, the Deficit Reduction Act of 2005, by agreeing to H.Res. 653 (H.Rept. 109-


366) by a 216-214 vote.28 The resolution provided that the House concur in the
Senate amendment to the House amendment to S. 1932, thereby clearing the measure
for the President. On February 8, President Bush signed S. 1932 into law (P.L. 109-
171). According to CBO, the Deficit Reduction Act of 2005 is projected to reduce
mandatory spending by about $39 billion over the five-year period of FY2006-
FY2010.29
During 2005 as well, the House and the Senate passed different revenue
reconciliation measures (H.R. 4297, the Tax Relief Extension Reconciliation Act of
2005, and S. 2020, the Tax Relief Act of 2005, respectively). Before adjourning for
the year, however, the Senate and the House had not taken any further action on these


26 For the House consideration of the conference report to S. 1932, see Congressional
Record, daily edition, vol. 151 (Dec. 18, 2005), pp. H12233-H12241, H12269-H12277.
27 The Senate considered the conference report to S. 1932 on December 19-21, 2005. See
Congressional Record, daily edition, vol. 151 (Dec. 19-21, 2005), pp. S14015-S14024,
S14068-S14069, S14073-S14164, S14202-S14221.
28 Prior to the consideration of H.Res. 653, Representative Jim McDermott raised a point of
order against the consideration of the special rule under Section 426 of the Budget Act
(which relates to the waiving of a point of order under the Unfunded Mandates Reform Act).
Pursuant to the provisions of this section of the Budget Act, the House agreed to consider
H.Res. 653 by a vote of 226-201. See Congressional Record, daily edition, vol. 152 (Feb.

1, 2006), pp. H37-H60, H68-H114.


29 [http://www.cbo.gov/ftpdocs/70xx/doc7028/s1932conf.pdf].

revenue reconciliation measures. Early in the second session of the 109th Congress,
to facilitate conference action, the Senate considered and passed H.R. 4297, as
amended by the text of the Senate-passed revenue reconciliation measure, among
other amendments, by a 66-31 vote on February 2, 2006. During consideration of
H.R. 4297, the Senate considered 14 amendments: seven amendments were adopted,
one amendment was rejected, five amendments fell on points of order, and one
amendment was withdrawn.30
On February 8 and 14, respectively, the House and the Senate agreed to a
conference to resolve the legislative differences between their respective versions of
the tax reconciliation bill, H.R. 4297. According to the Joint Committee on Taxation
(JCT), the House-passed tax reconciliation measure is projected to reduce revenues
by $55.6 billion, and the Senate-passed measure is projected to reduce revenues by
$69.4 billion, over the five-year period of FY2006-FY2010.31
After resolving the legislative differences between their respective versions, the
House and Senate agreed to the conference report to accompany H.R. 4297 (H.Rept.

109-455) by votes of 244-185 on May 10 and 54-44 on May 11, respectively.32


President Bush signed H.R. 4297, the Tax Increase Prevention and Reconciliation
Act of 2005, into law (P.L. 109-222) on May 17, 2006. According to JCT, P.L. 109-
222 is projected to reduce federal revenues by $70.0 billion over the five-year period
covering FY2006-FY2010.33
Neither the House nor the Senate has taken action on a third reconciliation
measure changing the statutory limit on the public debt (see section “Debt-Limit
Legislation,” below).


30 A motion to commit the bill to the Finance Committee with instructions also was offered
and subsequently withdrawn. Two amendments to this motion to commit fell when the
motion was withdrawn. For the consideration and adoption of H.R. 4297, see Congressional
Record, daily edition, vol. 152 (Feb. 2-3, 2006), pp. S387-S436, S461, S466-S502.
31 [http://www.house.gov/jct/x-10-06.pdf].
32 For the House and Senate consideration of the conference report to H.R. 4297, see
Congressional Record, daily edition, vol. 152 (May 10, 2006), pp. H2453-H2466; and
Congressional Record, daily edition, vol. 152 (May 11, 2006), pp. S4385-S4447,
respectively. In the House, the conference report to H.R. 4297 was considered under the
provisions of a special rule(H.Res. 805, H.Rept. 109-455) agreed to by a vote of 228 - 194.
See Congressional Record, daily edition, vol. 152 (May 10, 2006), pp. H2354-H2360,
H2367-H2368. In the Senate, the conference report to H.R. 4297 was considered under the
provisions of an unanimous consent agreement reached on May 10, 2006. See
Congressional Record, daily edition, vol. 152 (May 10, 2006), p. S4327.
33 [http://www.house.gov/jct/x-18-06.pdf].

Revenue and Debt-Limit Legislation
Congress may adopt individual revenue and debt-limit measures without
employing the optional reconciliation process as well.
Revenue Legislation
Revenue and debt-limit legislation is under the jurisdiction of the House Ways
and Means Committee and the Senate Finance Committee. Article I, Section 7, of
the U.S. Constitution requires that revenue legislation originate in the House of
Representatives, but the Senate has considerable latitude to amend a revenue bill
received from the House.
Most of the laws establishing the federal government’s revenue sources are
permanent and continue year after year without any additional legislative action (see
Figure 1). Congress, however, typically enacts revenue legislation, changing some
portion of the existing tax system or renewing expiring provisions, every year.
Revenue legislation may include changes to individual and corporate income taxes,
social insurance taxes, excise taxes, or tariffs and duties.
Figure 1. Actual FY2005 Revenues by Source


Individual income
ta xe s
($927.2 billion)
Corporate income 43%
ta xe s
($278.3 billion)Excise taxes
13%($73.1 billion)
3%
Social insurance
MiscellaneousEstate and gift taxes (794.1 billion)
($33.0 billion)taxes 37%
2%($24.8 billion)
Customs duties1%
($23.4 billion)
1%
Source: Chart created by CRS based on data from Congressional Budget Office,
The Budget and Economic Outlook: Fiscal Years 2007-2016 (Washington:
CBO, 2006), p. 142.
Revenue legislation is not considered automatically in the congressional budget
process on an annual basis. Frequently, however, the President proposes and
Congress considers changes in revenue laws to effect adjustments in the rates of
taxation or the distribution of the tax burden, or for other purposes. An initial step
in the congressional budget process is the publication of revenue estimates of the
President’s budget by CBO. These revenue estimates usually differ from the
President’s, since they are based on different economic and technical assumptions
(e.g., growth of the economy and change in the inflation rate). Cost estimates of any

congressional revenue proposals are prepared by the Joint Committee on Taxation
(JCT). They are published in committee reports or in the Congressional Record and
are available on JCT’s website.34
The budget resolution recommends yearly revenue levels, based on baseline
estimates of federal government revenues, which are based on the continuation of
existing laws and any proposed policy changes to them. Revenue levels in the budget
resolution provide the framework for any action on revenue measures during the
session. A point of order may be raised against consideration of legislation that
causes revenues to fall below the agreed upon levels for the first fiscal year or the
total for all fiscal years in the budget resolution. This point of order may be set aside
by unanimous consent, or waived by a special rule in the House or by a three-fifths
vote in the Senate (i.e., 60 Senators if there are no vacancies).
A Senate “pay-as-you-go” (PAYGO) point of order, under Section 505 of the
FY2004 budget resolution (H.Con.Res. 95, 108th Congress), also may be raised
against any revenue legislation not assumed in the most recently adopted budget
resolution that would increase or cause an on-budget deficit for the first fiscal year,
the period of the first five fiscal years, or the following five fiscal years, covered by
the most recently adopted budget resolution.35 A motion to waive the point of order
requires a three-fifths vote.
As noted above, Congress passed and President Bush enacted H.R. 4297, the
Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222). According
to JCT, P.L. 109-222 is projected to reduce federal revenues by $70.0 billion over the
five-year period covering FY2006-FY2010. (For information on the consideration
of this legislation, see section “Reconciliation Provided by the FY2006 Budget
Resolution,” above.)
Debt-Limit Legislation
The amount of money the federal government is allowed to borrow generally is
subject to a statutory limit (31 U.S.C. 3101). From time to time, Congress considers
and adopts legislation to change this limit.36
Federal debt consists of debt held by the public plus debt held by government
accounts. The debt held by the public represents the total net amount borrowed from
the public to cover all or most of the federal government’s budget deficits. By
contrast, the debt held by government accounts represents the total net amount of
federal debt issued to specialized federal accounts, primarily trust funds (e.g., Social


34 [http://www.house.gov/jct/].
35 See the Senate Budget Committee’s Budget Bulletin dated February 3, 2006, available at
[ ht t p: / / www.senat e .gov/ ~ budget / r epubl i c an/ a nal ysi s/ 2006/ bb01-2006.pdf ] .
36 For further information on debt-limit legislation, see CRS Report RS21519, Legislative
Procedures for Adjusting the Public Debt Limit: A Brief Overview, by Bill Heniff Jr.; and
CRS Report RL31967, The Debt Limit: The Ongoing Need for Increases, by Philip D.
Winters.

Security). Trust fund surpluses by law must be invested in special (non-negotiable)
federal government securities, and thus are held in the form of federal debt. The
combination of both types of debt is subject to the statutory public debt limit.
Therefore, budget deficits or trust fund surpluses may contribute to the federal
government reaching the existing debt limit.
The annual congressional budget resolution specifies the appropriate level of the
public debt for each fiscal year covered by the resolution. Although the budget
resolution does not become law itself, the specified debt limits serve as a guide for
any necessary debt-limit legislation.
Congress may develop debt-limit legislation in any of three ways: (1) under
regular legislative procedures; (2) under House Rule XXVII; or (3) as part of
reconciliation legislation (as described above). Regardless of the process by which
debt-limit legislation is developed, the House Ways and Means Committee and the
Senate Finance Committee maintain exclusive jurisdiction over debt-limit legislation.
Under House Rule XXVII (commonly referred to as the Gephardt rule after its
author, former Representative Richard Gephardt), a joint resolution specifying the
amount of the debt limit contained in the budget resolution automatically is
engrossed and deemed to have passed the House by the same vote as the conference
report on the budget resolution, thereby avoiding a separate vote on the debt-limit
legislation.37 The Senate has no comparable automatic engrossment procedure; if it
chooses to consider a House-passed joint resolution, it does so under the regular
legislative process.
The most recent increase in the public-debt limit was enacted as an independent
measure (P.L. 108-415, 118 Stat. 2337) in November 2004. The debt-limit measure
increased the statutory limit by $800 billion, from $7.384 trillion to $8.184 trillion.
At the end of 2005, the Department of the Treasury informed Congress that it would
not be able to finance government operations beyond mid-March 2006 without an
increase to the statutory debt limit.38
In 2005, pursuant to House Rule XXVII, upon the adoption of the FY2006
budget resolution by Congress, the House Clerk engrossed and transmitted to the
Senate a joint resolution (H.J.Res. 47) increasing the public debt limit by $781
billion, to $8.965 trillion. H.J.Res. 47 was deemed to have been adopted by the
House on April 28 by a vote of 214-211 (i.e., the vote upon which the House agreed
to the conference report to the FY2006 budget resolution).
The Senate considered H.J.Res. 47 on March 15 and 16, 2006. After rejecting
an amendment offered by Senator Max Baucus (S.Amdt. 3131) on a 44-55 vote, the
Senate passed the measure by a 52-48 vote. President Bush signed H.J.Res. 47 into
law (P.L. 109-182) on March 20.


37 For further information, see CRS Report RL31913, Developing Debt-Limit Legislation:
The House’s “Gephardt Rule,” by Bill Heniff Jr.
38 See, for example, Jonathan Nicholson, “Snow Seeks Boost in Debt Limit In Advance of
Mid-February Deadline,” BNA’s Daily Report for Executives (Jan. 3, 2006), p. A-17.

As noted above, the FY2006 budget resolution (H.Con.Res. 95) provided for a
reconciliation measure increasing the statutory limit on the public debt by $781
billion. Neither the House or the Senate, however, have acted on such a measure.
The enactment of H.J.Res. 47, increasing the public debt limit by the same amount,
presumably makes such reconciliation measure unnecessary.
Appropriations and Other Spending Legislation
Federal spending is categorized into two different types: discretionary or
mandatory spending. Discretionary spending is controlled through the annual
appropriations acts, whereas mandatory, or direct spending (which consists mostly
of entitlement programs), is determined by existing law.
Actual FY2005 federal outlays totaled $2,472.2 billion (see Figure 2). Of this
total amount, $967.9 billion, or 39%, was discretionary spending (exploded slices in
Figure 2), whereas $1,504.3 billion, or 61%, was mandatory spending.
Figure 2. Actual FY2005 Outlays by Major Spending Category


Defense
di s c ret i onary
($493.6 billion)
19%
Non-defense
di s c ret i on ary
($474.3 billion)
Social Security18%
($518.7 billion)
19 %
Net interest
($184.0 billion)
7%
Income SecurityMedicaid
($195.9 billion)($181.7 billion)
8%7%
Other Retirement Other mandatory
and Disability programsMedicare
($147.6 billion)($69.1 billion)($333.1 billion)
6%3% 13 %
Source: Chart created by CRS based on data from CBO, The Budget and Economic Outlook: Fiscal
Years 2007-2016 (Washington: CBO, 2006), pp. 144, 146, and 148. The chart excludes offsetting
receipts, which are treated as negative spending (i.e., they are deducted from spending in the budget
totals); offsetting receipts totaled $125.8 billion in FY2005. Percentages do not add to 100% due to
r o und i ng.
As noted above, the total budget authority and outlays set forth in the budget
resolution are allocated among the House and Senate committees with jurisdiction
over specific spending legislation. These allocations, commonly referred to as 302(a)
allocations after the applicable section of the Congressional Budget Act, are specified
in the joint explanatory statement accompanying the conference report to the budget

resolution. A point of order may be raised against any legislation that would cause
a committee’s spending allocation to be exceeded. The budget resolution typically
provides for periodic revisions of these allocations if certain conditions, specified in
reserve fund provisions, for instance, are met.
Discretionary Spending
Discretionary spending is under the jurisdiction of the House and Senate
Appropriations Committees. Soon after the budget resolution is adopted by
Congress, the House and Senate Appropriations Committees subdivide their
spending allocations among their subcommittees and formally report these
subdivisions to their respective chambers. These subdivisions, referred to as 302(b)
allocations after the applicable section of the Congressional Budget Act, represent
the spending ceilings on the individual regular appropriations acts. During the
appropriations process, these subdivisions usually are revised several times.
Until they were repealed upon the enactment of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery,

2006 (see Section 7035 of P.L. 109-234), discretionary spending limits for FY2006,


FY2007, and FY2008 also could have been enforced in the Senate by a point of
order.39 A motion to waive the point of order requires a three-fifths vote (i.e., 60
Senators if there are no vacancies).
Congress passes three main types of appropriations measures. Regular
appropriations acts provide budget authority for the next fiscal year, beginning on
October 1.40 (From time to time, Congress merges two or more of these regular
appropriations acts into an omnibus appropriations act.) Supplemental appropriations
acts provide additional funding for unexpected needs while the fiscal year is in
progress. Continuing appropriations acts, commonly referred to as continuing
resolutions, provide stop-gap funding for agencies that have not received regular
appropriations by the start of the fiscal year.


39 Section 404 of H.Con.Res. 95 also provided for the adjustment of the FY2006
discretionary spending limits to accommodate spending for continuing disability reviews,
Internal Revenue Service tax enforcement, health care fraud and abuse control program, and
unemployment insurance improper payments. These discretionary spending limits for
FY2006 were adjusted on July 28, 2005. See Congressional Record, daily edition, vol. 151
(July 28, 2005), pp. S9274-S9275.
40 Each subcommittee of the House and Senate Appropriations Committees typically is
responsible for one of the regular appropriations acts. At the beginning of the 109th
Congress, the House Appropriations Committee reduced the number of its subcommittees
to 10. It also reduced the number of regular appropriations bills to 11, with each
subcommittee responsible for one regular appropriations act and the full Committee
responsible for the accounts and programs of the Legislative Branch. Similarly, the Senate
Appropriations Committee also reduced the number of its subcommittees to 12, with athst
corresponding number of regular appropriations bills. At the end of the 109 Congress, 1
sess., the House and the Senate passed a total of 11 regular appropriations acts for FY2006.
For additional information on changes to the appropriations subcommittee structure, see
CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from

1920-2005, by James V. Saturno.



The President’s budget includes recommendations for the agencies, programs,
and activities funded in the annual appropriations measures; account and program
level detail about these recommendations is included in the Appendix volume of the
President’s budget documents. In addition, agencies submit justification materials
to the House and Senate Appropriations Committees. The budget justifications
provide more detailed information about an agency’s program activities than is
contained in the President’s budget documents and are used in support of agency
testimony during appropriations subcommittee hearings on the President’s budget
request.
The House and Senate appropriations subcommittees begin holding extensive
hearings on appropriations requests shortly after the President’s budget is submitted.
By custom, appropriations measures originate in the House. In recent years, the
Senate Appropriations Committee has adopted and reported original Senate
appropriations measures, allowing the Senate to consider appropriations measures
without having to wait for the House to adopt its version. Under this practice, the
Senate version is considered and amended on the floor, and then inserted into the
House-adopted version, when available, as a substitute amendment, thereby retaining
the House-numbered bill for final action.
Supplemental Appropriations for FY2006. In addition to the regular
appropriations acts, Congress typically acts on at least one supplemental
appropriations measure during a session. On February 16, President Bush submitted
two request for FY2006 supplemental appropriations for ongoing activities in Iraq
and Afghanistan and for ongoing hurricane recovery efforts in the Gulf states, among
other things.41 In response to the President’s request, the House Appropriations
Committee reported H.R. 4939, Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery, 2006 (H.Rept. 109-388)
on March 13. The House considered H.R. 4939 on March 15 and 16, and adopted
the measure by a vote of 348-71. According to the House Appropriations
Committee, the measure provides $91.9 billion for FY2006.
The Senate Appropriations Committee, subsequently, ordered reported H.R.

4939 with an amendment in the nature of a substitute (S.Rept. 109-230) on April 4.


The Senate considered the FY2006 supplemental appropriations act over seven days
between April 25 and May 4, adopting the measure, as amended, on May 4 by a 77-
21 vote. According to the Senate Appropriations Committee, the measure provides
$108.9 billion for FY2006.
On June 8, a conference report to accompany H.R. 4939 was filed. According
to the Appropriations Committees, H.R. 4939 would provide about $94.5 billion in
new budget authority for FY2006. The House agreed to the conference report on
June 13 by a 351-67 vote. The Senate agreed to the conference report on June 15 by
a 98-1 vote. President Bush signed the measure into law (P.L. 109-234) on June 15.


41 See [http://www.whitehouse.gov/omb/budget/amendments.htm] for the President’s
supplemental requests.

The supplemental appropriations were designated as emergency requirements
pursuant to Section 402 of H.Con.Res. 95, the FY2006 budget resolution, thereby
exempting the appropriations from the spending constraints associated with the
budget resolution, as mentioned above.
Appropriations for FY2007. As noted above, in the absence of an
agreement on the FY2007 budget resolution, the House and Senate separately have
adopted so-called deeming resolution provisions for budget enforcement purposes.
The House “deemed” its version of the budget resolution (H.Con.Res. 376) to have
been agreed to by Congress for purposes of enforcement in the House. The Senate,
in contrast, established spending allocations for the Senate Appropriations
Committee in the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006, which was signed into law
(see Section 7035 of P.L. 109-234) on June 15, 2006. Consequently, for both
chambers, the spending allocations [302(a)s] for the appropriations committees are
$872.8 billion in budget authority for the FY2007 regular appropriations measures.
On May 18, 2006, the House Appropriations Committee reported its initial
subdivisions, or 302(b) allocations, (H.Rept. 109-471) and has since revised these
subdivisions twice (H.Rept. 109-483 and H.Rept. 109-488). On June 22, 2006, the
Senate Appropriations Committee reported its initial subdivisions (S.Rept. 109-268)
and has since revised these subdivisions once (S.Rept. 109-350). As mentioned
above, these subdivisions serve as spending ceilings for the individual regular
appropriations measures and are enforced by points of order on the floor of each
chamber.
The House and Senate began consideration of the regular appropriations bills
for FY2007 during the week of May 15 and July 10, respectively.42 When FY2007
began on October 1, the House had passed 10, and the Senate had passed two, of the
regular appropriations acts for FY2007. Two regular appropriations acts for FY2007
have been signed into law: the Department of Defense Appropriations Act, 2007
(P.L. 109-289) and the Department of Homeland Security Appropriations Act, 2007
(P.L. 109-295). Congress and the President enacted a continuing appropriations
resolution (Div. B of P.L. 109-289) to provide temporary appropriations through
November 17, 2006, for agencies and programs funded in the remaining regular
appropriations acts not yet enacted. They extended this funding twice: first through
December 8, 2006 (P.L. 109-369), and then through February 15, 2007 (P.L. 109-

383).


Mandatory Spending
Mandatory spending is under the jurisdiction of the various legislative
committees of the House and Senate. Some entitlement programs, such as Medicaid
and certain veterans’ programs, are funded in annual appropriations acts, but such


42 For the up-to-date status of and further information on the FY2007 appropriations bills,
see [http://www.crs.gov/products/appropriations/appover.shtml], the CRS Appropriations
website.

spending is not considered discretionary and is not controlled through the annual
appropriations process.
In addition to the committee spending allocations, under the Section 302 process
mentioned above, mandatory spending legislation is limited by the Senate’s PAYGO
requirement. As with revenue legislation mentioned above, a point of order, under
Section 505 of the FY2004 budget resolution (H.Con.Res. 95, 108th Congress), may
be raised against any mandatory spending legislation not assumed in the most
recently adopted budget resolution that would increase or cause an on-budget deficit
for the first fiscal year, the period of the first five fiscal years, or the following five
fiscal years, covered by the most recently adopted budget resolution.43 A motion to
waive the point of order requires a three-fifths vote (i.e., 60 Senators if there are no
vacancies).
On several occasions in the past, Congress has included reserve funds in the
budget resolution to accommodate specific mandatory spending legislation, often
requiring that the legislation be deficit neutral.44 Under the provisions of a reserve
fund, the chairmen of the House and Senate Budget Committees may revise the
committee spending allocations and other budget resolution levels if certain
legislation is reported by the appropriate committee. Without such an adjustment,
mandatory spending legislation might be subject to points of order if it were not
assumed in the budget resolution spending amounts.


43 See the Senate Budget Committee’s Budget Bulletin dated February 3, 2006, available at
[ ht t p: / / www.senat e .gov/ ~ budget / r epubl i c an/ a nal ysi s/ 2006/ bb01-2006.pdf ] .
44 See, for example, CRS Report RS21038, Reserve Funds in the FY2002 Budget Resolution,
by Bill Heniff Jr.

Chronology
October 1, 2006When FY2007 began on October 1, the House had passed 10, and
the Senate had passed two, of the regular appropriations acts for
FY2007. Two regular appropriations acts for FY2007 have been
signed into law: the Department of Defense Appropriations Act,
2007 (P.L. 109-289) and the Department of Homeland Security
Appropriations Act, 2007 (P.L. 109-295). Congress and the
President enacted a continuing appropriations resolution (Div. B of
P.L. 109-289) to provide temporary appropriations through
November 17, 2006, for agencies and programs funded in the
remaining regular appropriations acts not yet enacted. They
extended this funding twice: first through December 8, 2006
(P.L. 109-369), and then through February 15, 2007 (P.L. 109-

383).


June 15, 2006With the enactment of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006, the Senate established spending
allocations for the Senate Appropriations Committee (see Section

7035 of P.L. 109-234) for budget enforcement purposes.


May 18, 2006The House “deemed” its version of the FY2007 budget resolution
(H.Con.Res. 376), for budget enforcement purposes, to have been
agreed to by Congress by agreeing to H.Res. 818 (see Section 2),
the special rule governing the consideration of the FY2007 Interior
Appropriations bill (H.R. 5386).
May 18, 2006The House agreed to its version of the FY2007 budget resolution
(legislative day,(H.Con.Res. 376) by a vote of 218-210.
May 17)
May 10 and 11,The House and Senate agreed to the conference report to
2006accompany H.R. 4297, the Tax Increase Prevention and
Reconciliation Act of 2005 (H.Rept. 109-455) by votes of 244-185
on May 10 and 54-44 on May 11, respectively. [On May 17,
President Bush signed H.R. 4297 into law (P.L. 109-222).]
March 16, 2006The Senate agreed to its version of the FY2007 budget resolution
(S.Con.Res. 83) by a vote of 51-49.
February 6, 2006President Bush submitted his FY2007 budget to Congress.
February 1, 2006The House completed action on the spending reconciliation
measure, S. 1932, the Deficit Reduction Act of 2005, by concurring
in the Senate amendment to the House amendment to S. 1932,
thereby clearing the measure for the President. [On February 8,
President Bush signed S. 1932 into law (P.L. 109-171).]
January 26, 2006CBO released its annual report on budget baseline projections, The
Budget and Economic Outlook: Fiscal Years 2007-2016.



For Additional Reading
Congressional Hearings, Reports, and Documents
Congressional Budget Office. An Analysis of the President’s Budgetary Proposals
for Fiscal Year 2007. Washington: CBO, March 2006.
Congressional Budget Office. The Budget and Economic Outlook: Fiscal Years

2007-2016. Washington: CBO, January 2006.


U.S. Congress. House Committee on the Budget. Concurrent Resolution on the
Budget — Fiscal Year 2007. Report to accompany H.Con.Res. 376. 109th
Congress, 2nd session. H.Rept. 109-402. Washington: GPO, 2006.
U.S. Congress. Senate Committee on the Budget. Concurrent Resolution on the
Budget FY2007. Committee Print to Accompany S.Con.Res. 83. 109th
Congress, 2nd session. S.Prt. 109-57. Washington: GPO, 2006.
CRS Products
CRS Report RL32791. Congressional Budget Actions in 2005, by Bill Heniff Jr.
CRS Report RL30297. Congressional Budget Resolutions: Selected Statistics and
Information Guide, by Bill Heniff Jr. and Justin Murray
CRS Report RL33132. Budget Reconciliation Legislation in 2005-2006 Under the
FY2006 Budget Resolution, by Robert Keith.
CRS Report RL33030. The Budget Reconciliation Process: House and Senate
Procedures, by Robert Keith and Bill Heniff Jr.
CRS Report 98-721. Introduction to the Federal Budget Process, by Robert Keith
and Allen Schick.
CRS Report 97-684. The Congressional Appropriations Process: An Introduction,
by Sandy Streeter.
CRS Report RL30343. Continuing Appropriations Acts: Brief Overview of Recent
Practices, by Sandy Streeter.
CRS Report RS22390. FY2007 Budget Documents: Internet Access and GPO
Availability, by Jennifer Anne Teefy.
CRS Report RL32812. The Budget for Fiscal Year 2006, by Philip D. Winters.
CRS Report RL33282. The Budget for Fiscal Year 2007, by Philip D. Winters.