April 22, 2008
House and Senate Budget Agreement Seems Unlikely
While the House and Senate continue to work on a budget this week, it is becoming more likely that they will use a “deeming resolution” to set the overall level of discretionary appropriations for FY 2009.
Under the 1974 Budget Act, the annual budget resolution sets an overall level of discretionary appropriations for the year — the so-called 302(a) allocation — which appropriators then split up among the 12 individual bills. These allocations help facilitate the appropriations process by creating limits on discretionary spending that can be enforced on the House and Senate floors. In the absence of a final budget, lawmakers use deeming resolutions to create those budget enforcement parameters .
According to Congressional Quarterly, “deeming” in lieu of completing a budget has happened only four times: in 1998 and in each of the past three election years. A deeming resolution in the House requires only a simple majority vote as part of any other measure. In the Senate, “must-pass” legislation is usually required as a vehicle to avoid a filibuster.
Copies of the House and Senate Budget Resolutions are available below:
President Bush has again threatened to veto any spending bill that exceeds his FY 2009 request. This will certainly have an impact on the FY 2009 appropriations process—we are already hearing reports of a continuing resolution to maintain government operations through February or March 2009.
The President will not prepare an FY 2010 budget. Instead, as summarized in an OMB Memo to the departments about this year's process:
“We intend to prepare a budget database that includes a complete current services baseline and to gather information necessary to develop current services program estimates for FY 2010 from which the incoming Administration can develop its budget proposals.”
Formal budget requests from the Departments to OMB will not be submitted in September, and there will be no formal Director's Review of Passback process in the fall. Most of the policy materials that are usually submitted in September will not be required until after the new Administration or Transition Team is in place.
Questions? Please contact Emily Holubowich, Director of Government Relations.
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