About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 [1] (December 5, 2024)

handle is hein.crs/governi0001 and id is 1 raw text is: 










Budgetary Decisionmaking in Congress


The   Con    ress  ona      udget   Process
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 and appropriations
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 the 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.

Such 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  5, 2024


  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.


PTypes of Le                  slation  Used by
Congress to Affect tho ud get
Below  is a summary of the types of budgetary legislation
generally used by Congress.

The  Budget  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 for the upcoming fiscal year. The budget
resolution does not become law, however; 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 requires the support of only a simple majority of
Senators for adoption. The budget resolution can trigger the
budget reconciliation process, which provides fast-track
procedures in the Senate for consideration of 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. Over
the period of the past 20 fiscal years (FY2006-FY2025),
Congress has adopted a budget resolution nine times. 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.

Direct  Spending  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  do not require annual congressional
action. Direct spending in FY2025 is projected to comprise
roughly 75% of federal spending (including interest on the
debt) and includes programs such as Social Security,
Medicare, Medicaid, income security programs, and federal
and military retirement. Although these programs generally
continue without further congressional action, Congress
may  consider legislation that affects direct spending at its
discretion. Most legislative committees have jurisdiction
over some type of direct spending program, and the content
and consideration of direct spending legislation are shaped

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most