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1 [1] (December 1, 2022)

handle is hein.crs/govejpl0001 and id is 1 raw text is: Budgetary Decisionmaking in Congress The Constitution grants Congress enormous power and freedom to engage in what is now referred to as budgeting. First, the Constitution grants Congress the power of the purse but does not prescribe or require specific budgetary legislation or budgetary outcomes. Further, the Constitution allows the House and Senate to determine the rules of their internal proceedings but does not prescribe or establish budgetary rules or restrictions. Congress has therefore developed certain types of budgetary legislation as well as rules and practices that govern the content and consideration of that budgetary legislation. This collection of budgetary legislation, rules, and practices is often referred to as the congressional budget process. The congressional budget process may be better understood as an array of legislative opportunities for affecting the federal budget rather than a linear set of events. Types of budgetary legislation vary greatly. For example, some types of legislation may design a new program, while other legislation provides a program's funding. Further, some legislation does not spend or collect money at all but instead reflects a budgetary plan to be implemented through subsequent legislation. When Congress uses such legislative opportunities, varying requirements and restrictions may shape their actions. These requirements and restrictions are derived from a continually growing patchwork of rules, laws, constitutional requirements, and customs that have developed over the past two centuries. Adding complexity to the process is the fact that different requirements and restrictions apply to different types of budgetary legislation. This variation-both in the type of budgetary measure and the particular rules and requirements specific to them-can sometimes cause confusion. Adding to this confusion is the fact that Congress seldom considers budgetary measures each year in a predictable pattern. Such dissimilarity can be the result of countless factors, such as political dynamics, competing budgetary priorities, the economy, natural disasters, and military engagements. These factors not only shape congressional priorities but can also create complications, obstacles, and interruptions within the policymaking process. Updated December 1, 2022 Anticipating what may occur within an upcoming annual congressional budget cycle requires consideration of the varying types of legislative opportunities and their specific constraints, as well as the ever-changing practical and political influences inherent in budgetary decisionmaking. Below is a summary of the general types of budgetary legislation that Congress often uses. Th e Budge Resolution The Congressional Budget Act of 1974 (Budget Act) directs Congress to adopt a budget resolution each spring, establishing an agreement between the House and Senate on a budgetary plan. The budget resolution does not become law; therefore no money is spent or collected as a result of its adoption. Instead, the budget resolution includes certain spending and revenue levels that become enforceable through points of order once both chambers have adopted the resolution. It is privileged for fast-track consideration in the Senate and therefore does not require the support of three-fifths of Senators for adoption. The budget resolution can trigger the budget reconciliation process, which provides fast-track procedures in the Senate for certain mandatory spending, tax, and debt limit legislation. While the Budget Act directs Congress to adopt a budget resolution each year, Congress does not always do so. In the past 20 fiscal years (FY2003-FY2022t, there were 11 for which Congress did not adopt a budget resolution. The budget resolution is under the jurisdiction of the House and Senate Budget Committees, and its content, consideration, and implementation are shaped primarily by the Budget Act. Dirc Spen ding Legislation Direct spending programs are generally federal programs that provide payments to beneficiaries that meet certain requirements established by law. Such programs-also referred to as mandatory spending programs or entitlement programs-generally continue without any annual congressional action required. Direct spending comprises roughly 70% of federal spending (including interest on the debt) and includes programs such as Social Security, Medicare, Medicaid, income security programs, and federal retirement. Each year, Congress considers legislation that affects direct spending in varying degrees. Most legislative committees have jurisdiction over some type of direct spending program, and the content and consideration of direct spending legislation are shaped primarily by House and Senate rules, the budget resolution, and the Budget Act.

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